V 


w 


TEIAL. 


BOSTON  GAS  LIGHT  COMPANY 


VERSUS 

WILLIAM  GAULT, 


CONTAINING  THE 

ARGUMENTS  OF  COUNSEL, 


V  N\'\  ' 

V 

AND  THE 


CHAEGE  OE  THE  JUDGE. 


WILLIAM  WHITING,  \ 

>  Counsel  for  the  Corporation. 
GEORGE  M.  ROBINSON,  ) 

MARSHALL  S.  CHASE,  Counsel  for  the  Defendant. 

J.  H.  BUCKINGHAM  and  THOMAS  TILESTON,  Jr.,  Reporters 


BOSTON: 

1848. 

E  ASTBURN’S  PRESS. 


Sc  ^  /fc^ 


TRIAL. 


COMMONWEALTH  OF  MASSACHUSETTS. 
Court  of  Common  Pleas. 

Suffolk,  ss.  ) 
July  Term,  1848.  5 

PRESENT, 

Hon.  HORATIO  BYINGTON,  Associate  Justice. 


Boston  Gas  Light  Comigany  vs.  William  Gault 

William  Whiting,  )  ^ 

George  M.  Robinson, 

Marshall  S.  Chase,  for  Defendant. 

On  Friday,  July  27tli,  this  case,  having  been  postponed 
from  time  to  time  at  the  request  of  the  defendant,  came  on 
for  trial. 

Jury  Envpannelled. 

Henry  D.  Wakefeild,  apothecary,  733  Washington  street. 
Avery  Plumer,  Jr.,  flour  dealer,  5  City  wharf. 

Joseph  West,  hard  ware  dealer,  5  Dock  square. 

John  Shaw,  silversmith,  8-5  Charter  street. 

Dana  Parks,  teacher  of  dancing,  20  Harvard  street. 
JoTHAM  Salisbury,  boot  and  shoe  dealer,  90  Commercial  st. 
Timothy  B.  Wood,  coal  and  wood  dealer,  30  Charles  street. 
William  Lawrence,  grocer,  14  Batterymarch  street. 

Davis  Litchfield,  ship  builder.  East  Boston. 

Jonathan  Livermore,  painter,  3  Grove  place. 

Israel  Prescott,  carpenter.  East  Boston. 

Henry  C.  Brooks,  West  India  goods  dealer,  38  Commer¬ 
cial  wharf. 


4 


BOSTON  GAS  LIGHT  COMPANy  VS.  WM.  GAULT. 


Mr.  Robinson  opened  the  case  for  the  Plaintiffs,  and  read 
the  writ,  which  was  as  follows ;  — 


Commonwealth  of  Massachusetts. 


L.S 


)  Slwfolk,  ss.  To  the  Sheriff  of  our  County  of  Suf- 
'  5  folk,  or  his  Deputy,  or  any  Constable  of  the  City 


of  Bostoti,  Greeting  : 


We  command  you  to  attach  the  goods  or  estate  of  William 
Gault  of  Boston,  in  said  County  and  Commonwealth,  mer¬ 
chant  tailor,  to  the  value  of  sixty  dollars,  and  summon  said 
Gault,  (if  he  may  be  found  in  your  Precinct)  to  appear  before 
our  Justices  of  our  Court  of  Common  Pleas,  next  to  be  holden 
at  Boston,  within  and  for  our  said  County  of  Suffolk,  on  the 
first  Tuesday  of  April  next ;  then  and  there  in  our  said  Court 
to  answer  unto  The  Boston  Gas  Light  Company,  a  Corpora¬ 
tion  duly  established  by  law,  in  a  plea  of  the  case,  for  that 
the  said  defendant,  on  the  day  of  the  purchase  of  this  writ, 
being  indebted  to  the  plaintiffs  in  sixty  dollars  for  goods  sold 
and  delivered  by  the  plaintiffs  to  the  defendant ;  and  in  the 
same  amount  for  work  done,  and  materials  for  the  same  pro¬ 
vided,  by  the  plaintiffs  for  the  defendant,  at  his  request ;  and 
in  the  same  amount  for  money  lent  by  the  plaintiffs  to  the 
defendant ;  and  in  the  same  amount  for  money  received  by 
the  defendant  to  the  use  of  the  plaintiffs ;  and  in  the  same 
amount  for  money  paid  by  the  plaintiffs  for  the  use  of  the 
defendant,  at  his  request ;  and  in  the  same  amount  for  money 
due  from  the  defendant  to  the  plaintiffs  for  interest  of  money 
before  then  due  and  owing  from  the  defendant  to  the  plain¬ 
tiffs  and  by  the  plaintiffs  foreborne  to  the  defendant,  at  the 
defendant’s  request,  for  a  long  time  before  then  elapsed ;  and 
in  the  further  sum  of  twenty-five  dollars,  and  fifty-five  cents, 
according  to  the  account  annexed ;  —  in  consideration  thereof 
promised  to  pay  the  same  to  the  plaintiffs  on  demand ;  yet  he 
has  not  paid  the  same. 

The  plaintiff  for  specification  of  claim  will  rely  upon  the 
following  bill :  — 

Wm.  Gault, 

To  the  BOSTON  GAS  LIGHT  COJIPANY,  Dr. 
orricE  102  washingto.n  street. 


From  Oct.  1,  1847 
To  January  1,  1848, 


To  7300  cubic  feet  of  Gas,  at 

three  and  one  half  mills  per  foot, 


$25.55 


To  the  damage  of  the  said  Boston  Gas  Light  Company  (as 
they  saij)  the  sum  of  sixty  dollars,  which  shall  then  and  there 
be  made  to  appear,  with  other  due  damages.  And  have  you 


o 


MK.  Robinson’s  opening  plea. 

there  this  writ,  with  your  doings  therein.  Witness  Daniel 
Wells,  Esquire,  at  Boston,  the  nineteenth  day  of  February, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
forty-eight. 

(Signed)  Geo.  C.  Wilde,  C/erA-.” 

Mr.  Robinson  then  spoke  as  follows :  — 

Mat  it  please  the  Court  : 

Gentlemen  of  the  Jury,  —  This  case,  which  we  are  about 
to  submit  to  you,  is,  as  you  have  just  heard  in  the  writ,  an 
action  brought  by  the  Boston  Gas  Light  Company,  a  corpo¬ 
ration  well  known  to  you  all,  against  William  Gault,  for  gas 
burned  or  consumed  by  him,  as  is  alleged,  and  for  which  he 
refuses  to  pay.  * 

This  is  one  of  the  description  of  cases  not  uncommon, 
which,  although  not  of  any  very  great  amount  in  themselves, 
are  of  great  importance  in  their  ultimate  results.  The  result 
here  depends  upon  your  decision,  and  to  you,  gentlemen,  as 
twelve  intellectual  and  unprejudiced  men,  we  cheerfully  trust 
what  we  may  have  of  proof  to  otfer. 

It  has  been  somewhat  the  habit  of  a  few,  and  I  am  glad  to 
say,  but  a  few  of  the  customers  of  this  company,  to  make 
and  circulate  unfounded  charges  against  them,  denying  the 
fairness  and  accuracy  of  their  method  of  measuring  gas,  and 
imputing  to  them  dishonesty  and  low  cheating,  in  sending 
bills  for  gas  which  they  know  has  not  been  had.  We  shall 
endeavor,  gentlemen,  in  the  course  of  this  trial,  to  demon¬ 
strate  the  perfection  to  which  the  meter,  this  beautiful  piece 
of  machinery,  has  been  brought ;  to  show  to  you  the  really 
surprising  accuracy  with  which  it  works,  and  to  prove  that 
should  it  sometimes  get  out  of  order,  as  all  machines  made 
by  human  hands  will  and  sometimes  must,  it  cannot  but  result 
that  the  consumer  of  the  gas  is  always  benefited  by  its  inac¬ 
curacy, —  that  all  errors  of  measurement,  if  any  are  made, 
must,  from  the  very  nature  of  the  instrument,  be  against  the 
interests  of  the  company. 

We  might,  perhaps,  argue  that  the  defendant  has  impliedly 
contracted  with  this  company  to  pay  for  gas  as  measured  by 
the  meter,  and  therefore  is  liable,  without  putting  us  to  the 
trouble  to  prove  its  accuracy,  on  the  ground  of  his  having 
paid  former  bills  without  objection  —  bills  made  out  in  the 
same  manner  as  this,  and  from  measurement  indicated  by  the 
same  meter,  —  thus  inducing  the  company  to  continue  to  sup¬ 
ply  him  and  to  supply  him  in  the  same  manner.  But  this  ar¬ 
gument  we  shall  not  press,  as  our  object  is  not  so  much  to  re¬ 
cover  the  paltry  demand  in  question,  which,  if  recovered,  will 
1* 


6 


BOSTON  GAS  LIGHT  COMPANY  VS.  \VM.  GAOLT. 


go  but  a  very  little  way  towards  paying  the  expenses  of  this 
trial,  as  to  invite  your  attentive  examination,  fairly,  candidly, 
and  in  good  faith,  of  all  the  dealings  and  modes  of  doing  bus¬ 
iness  of  this  company ;  in  order  to  refute  assertions  which 
have  been  made,  which  are  as  unfounded  as  they  ar6  unjust. 

The  bill,  gentlemen,  is  for  gas  furnished  from  October  1, 
1847  to  January  1,  1848,  7300  feet  at  3|  mills  per  foot, 
$25.55.  We  shall  now  proceed  to  trial,  and  in  so  doing  we 
expect  to  prove  — 

1st.  That  the  defendant  has  actually  used  the  amount  of 
gas  charged  to  him. 

2d.  That  the  amount  charged  is  such  and  so  much  as  was 
, indicated  by  the  meter. 

3d.  That  the  meter  is  a  true  and  correct  measurer  of  gas. 

4th.  The  value  of  the  gas. 

Chase  for  the  defendant  asked  that  the  jury  be  polled  to 
see  if  any  one  of  them  is  a  member  of  the  corporation,  or 
whether,  since  the  commencement  of  this  suit,  they  had  any 
of  them  examined  any  meters. 

This  was  satisfactorily  settled,  and  the  legal  existence  and 
incorporation  of  the  company  was  admitted  by  the  defendant. 


EVIDENCE  FOR  THE  PLAINTIFFS. 

Mr.  Robinson  then  called, 

Geoi'ge  Slater,  and  asked  if  he  was  employed  by  the  Gas 
Company  — 

Mr.  Chase  objected  to  the  question  as  irrelevant. 

The  Court  did  not  see  how,  and  allowed  the  examination 
to  proceed. 

ir  ituess  was  employed  by  the  Gas  Company'-  to  take  the 
state  of  the  meters,  and  did  take  down  the  state  of  this  meter. 
I  mean,  take  account  of  the  figures  on  the  index,  showing  how 
much  gas  is  measured.  From  October  1,  1847,  to  January  1, 
1848,  there  was  a  meter  in  the  shop  of  the  defendant ;  it  was 
in  the  cellar  directly  under  his  store ;  it  was  one  of  the  Gas 
Company’s  meters,  the  same  one  now  in  the  entry  of  the 
court,  the  smallest  of  the  two.  I  took  notice  of  the  figures 
and  put  them  down  in  a  book  which  I  kept  for  that  purpose. 
It  was  my  duty  to  take  the  account  of  the  meters  once  in 
three  months.  The  book  shown  to  witness  is  the  one  he 
used,  and  contains  the  entry  of  Mr.  Gault’s  account  at  the 
time  in  question. 

[Witness  was  proceeding  to  read  the  account,  when  Mr. 


EVIDENCE  FOR  THE  PLAINTIFFS. 


7 


Chase  objected  to  it  as  not  the  original  entry,  but  the  objec¬ 
tion  was  overruled,  and  he  read,  showing  the  following  as 
the  account  kept :  — ] 


WASHINGTON  STREET. 


1847. 

1848. 

Sept  27. 

Jan.  5. 

April  1.  lJune  26. 

34  J.  Campbell. 

837. 

612. 

201. 

460. 

35 

36 

36  Asa  White. 

742, 

764. 

771. 

771. 

not  used. 

36 

36 

37  N.  K.  Skinner. 

591. 

890. 

037. 

106. 

38  J.  H.  Wright  &  Co. 

1323 

199. 

920. 

015. 

328. 

39  Prentiss  Whitney. 

5  Lt. 

372. 

520. 

628. 

700. 

40  J.  Ross  &  Brother. 

41 

1304 

920. 

615. 

015. 

429. 

42  J.  Ross  &.  Brother. 

802. 

668. 

43 

44  James  Eaton. 

1387 

377. 

045. 

shut. 

JVote.  The  dates  at  the  top  of  the  third,  fourth,  fifth  and  sixth  columns  after 
the  names  are  the  dates  when  the  men  went  round  to  take  account  from  the 
meters.  The  figures  in  the  columns  preceding  the  names  are  the  numbers  of 
the  street.  The  names  and  all  the  other  figures,  except  the  numbers  of  the 
street,  are  in  pencil.  The  dots  after  the  figures  indicate  that  the  account  has 
been  posted  to  the  leger.  The  figures  13t!3,  1304,  and  1387,  next  after  the 
names  of  Wright  &  Co.,  Ross  &  Brother,  and  Eaton,  are  the  designating  num¬ 
bers  of  the  meters  used  by  them.  Gault  kept  at  No.  38,  and  the  figures  under 
Sept.  1847,  and  Jan.  1848,  are  the  charges  against  him,  the  latter  being  the 
bill  in  suit.* 

The  name  of  J.  H.  Wright  &  Co.  with  the  marks  under 
it,  indicate  that  there  has  been  a  change  in  the  occupants 
of  the  store;  the  name  written  there  was  originally  William 
Gault.  It  is  my  business  to  change  the  names  as  written 
in  pencil,  erasing  the  former  and  inserting  that  of  the  present 
tenant.  J.  H.  Wright  &  Co.  occupied  the  shop  after  Gault. 
The  No.  1323  on  the  account,  is  the  number  on  the  meter 
now  in  the  entry;  it  was  also  used  by  Wright  &  Co.  Has 
been  my  business  to  take  account  of  the  state  of  meters  for 
ten  years,  and  I  have  had  no  other  business  during  that  time. 
After  I  have  taken  notes  of  the  meters  and  entered  them 
in  this  book  I  return  it  to  the  clerk  of  the  Company,  Mr. 
Stearns,  and  then  my  duty  ends  for  the  time.  Have  no  ac- 
cpaintance  with  Mr.  Gault  and  cannot  swear  that  he  ever 
took  gas ;  all  I  know  is  the  state  of  the  meter,  and  the  name 
of  the  occupant  of  the  premises. 


*Tlie  number  of  meter  is  set  in  the  meter  book  when  more  than  one  in  store. 


8 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


Cross  Examined.  Am  employed  on  a  salary  of  twelve 
dollars  a  week,  and  have  no  commissions  and  no  other  inter¬ 
est  in  the  Company  and  own  no  stock.  Sometimes  I  collect 
bills.  Only  have  this  book  in  my  possession  while  I  am 
going  round  once  in  three  months  ;  in  the  mean  time  it  is 
out  of  my  possession.  A  man  by  the  name  of  Merrill  took 
the  shop  immediately  after  Gault  and  applied  for  and  used 
gas ;  his  name  was  on  the  book,  but  was  erased,  when 
Wright’s  was  put  down  ;  don’t  know  how  long  he  was  there. 

Joseph  G.  Stearns.  Am  clerk  to  the  Boston  Gas  Light 
Company.  Have  been  so  six  years  the  16th  of  last  December. 
When  I  entered  upon  the  office  I  was  sworn  to  the  faithful 
performance  of  the  duties  of  it.  My  duty  in  regard  to  all 
consumers  of  gas,  is  to  take  the  book  from  the  man  who 
takes  the  account  of  meters,  and  enter  the  figures  on  the 
leger  from  that. 

I  find  in  the  leger  a  transcript  from  the  registry  book  with 
regard  to  Gault.  Generally  enter  the  register  once  in  three 
months,  but  sometimes  once  a  month,  sometimes  once  a  week, 
and  as  occupants  leave  or  come  into  a  store.  When  the  en¬ 
tries  are  made  I  lay  the  register  hook  away  in  the  safe. 
When  a  person  gives  notice  of  leaving  premises  where  he 
has  taken  gas,  the  state  of  his  meter  is  taken  and  entered  on 
the  leger  ;  generally  it  is  taken  on  the  register  book,  but 
sometimes  on  a  mere  memorandum,  and  transferred  to  the 
leger. 

[Mr.  Chase  here  objected  to  the  leger  as  it  appears  that  it 
is  not  a  book  of  original  entry,  but  only  a  transfer. 

Mr.  Whiting  replied  and  cited  the  case  where  original 
memoranda  were  made  in  chalk  on  a  butcher’s  cart,  which 
could  not  be  brought  into  court,  and  the  transfer  from  it  was 
allowed  as  an  original  entry.  All  we  attempt  to  show  is  that 
the  witness,  having  no  interest  and  not  being  a  party  to 
this  suit,  made  this  entry  in  the  ordinary  course  of  business, 
as  it  was  his  duty  to  do.  We  offer  this  book  as  the  book  of 
original  entry  of  the  corporation,  not  as  a  copy.  The  mem¬ 
orandum  book  does  not  contain  a  charge  against  customers  ; 
it  is  only  a  memorandum.] 

At  4  o’clock,  P.  M.,  adjourned  to  the  next  morning. 

Saturday,  July  29,  9  A.  M. 

The  Court  ruled  that  Mr.  Stearns’s  testimony  as  to  this 
being  a  charge  as  to  the  account  of  the  defendant,  may  go  in, 
and  that  the  leger  may  go  to  the  jury  as  the  book  of  original 
entry. 

Mr.  Stearns  in  continuation  — 


EVIDENCE  FOR  THE  PLAINTIFFS. 


9 


The  charge  is  $25.55,  and  is  headed  William  Gault;  it 
it  is  for  7300  feet  of  gas.  This  is  my  original  entry  of  the 
charge,  it  is  in  the  book  of  original  entries,  all  of  which  are 
made  in  the  ordinary  course  of  business  from  time  to  time  ; 
they  are  all  truly  made  at  the  times  they  bear  date,  or  within 
a  day  or  two ;  perhaps  on  the  same  day.  Gault  has  paid 
former  bills  for  gas ;  four  quarters  in  full  and  part  of  a  quar¬ 
ter,  being  from  Sept.  14th,  1846  to  Oct.  1,  1847 ;  from  Sept. 
1846  to  April  1st,  1847,  at  the  rate  of  4  mills  per  foot ;  since 
that  time  at  the  rate  of  3|  mills  per  foot ;  the  present  bill  is 
made  out  at  the  lowest  rate.  Bills  are  made  out  by  me,  and 
when  paid  to  the  collector  he  pays  the  money  over  to  me. 
I  know  that  Gault  burnt  gas  in  his  store  during  the  time 
specified  in  the  bill.  Am  not  certain  whether  Gault  ever 
paid  me  at  the  office  any  one  bill.  All  his  bills  are  paid  ex¬ 
cept  the  last.  We  have  also  a  cash  book,  in  Avhich  we  enter 
the  receipts  of  cash  from  customers. 

Cross  Examined.  Am  clerk  and  keep  the  books.  Do 
not  collect  bills  nor  receive  any  commissions,  nor  do  any 
other  business.  Am  paid  a  salary.  All  bills  are  made  up  to 
the  1st  of  January,  April,  &c.,  as  the  case  may  be.  It  is  im¬ 
possible  to  take  the  accounts  of  all  the  meters  on  the  first 
day  of  the  month,  and  therefore  the  man  is  sent  round  some 
days  before ;  the  account  is  taken  on  the  day  the  taker  calls 
on  the  customer,  and  what  he  uses  after  that  time  goes  on  to 
his  bill  for  the  next  quarter ;  it  makes  no  difference  to  the 
customer  if  he  continues  to  take  gas,  but  if  he  discontinues  at 
the  time  his  bill  is  presented,  the  Company  lose  the  interme¬ 
diate  supply.  This  charge  was  made  by  me  as  on  first  of 
January,  but  I  can’t  swear  as  to  the  exact  day.  I  should  not 
have  made  it  unless  it  had  been  on  the  register  book  previous 
to  the  5th  of  January.  Sometimes  meters  are  taken  three  or 
four  days  before,  and  sometimes  three  or  four  days  after  the 
quarter  day.  Don’t  know  that  Gault  burnt  gas  except  from 
his  paying  his  bills.  Was  never  in  his  store. 

To  Mr.  Whiting.  Have  seen  Gault  in  the  counting  room 
of  the  Gas  Company.  He  came  on  some  business  relating  to 
gas. 

Cross  Examination.  My  impression  is  that  he  came  to 
pay  me  one  bill.  I  cannot  tell  whether  he  came  in  relation 
to  purchasing  coke ;  he  either  called  about  having  his  gas 
fixed  or  to  pay  his  bill.  Think  he  did  not  call  about  coke, 
but  cannot  swear  positively. 

Henry  Davis.  I  live  in  Boston,  and  am  collector  for  the 
Boston  Gas  Company.  Have  been  in  their  employ  for  the 
last  seven  years  up  to  last  April.  I  know  Gault  and  have 
had  bills  against  him  for  gas.  I  do  not  receive  commissions. 


10 


BOSTON  GAS  LIGHT  COMPANY  YS.  WM.  GAULT. 


but  am  paid  a  salary.  Have  delivered  one  bill,  for  twenty- 
five  dollars  and  some  cents,  which  is  not  paid. 

To  A  Juror.  Am  not  otherwise  connected  with  the  Com¬ 
pany  than  to  get  my  daily  living. 

Direct  Examination.  Gault  while  in  Washington  street 
paid  me  no  bill ;  he  did,  when  he  kept  in  School  street ;  have 
presented  bills  to  him  in  Washington  street.  Gault  has  not 
paid  any  thing  to  me  since  he  has  been  in  Washington  street  j 
he  thought  me  rather  a  hard  dunner  and  would  not  pay  me, 
but  preferred  paying  at  the  office.  Since  he  went  into  Wash¬ 
ington  street  I  have  merely  left  the  bills  and  passed  out ;  if 
they  were  not  paid  by  the  first  of  the  next  month  I  dunned 
again.  Never  had  any  particular  conversation ;  I  presented 
it  at  his  place  of  business,  and  called  once  or  twice  after¬ 
wards.  I  reported  that  this  bill  could  not  be  collected,  prob¬ 
ably,  in  order  that  Mr.  Darracott  should  wite  Gault  a  letter, 
according  to  custom  with  delinquents.  Gault  never  told  me 
he  did  not  have  the  gas. 

It  is  part  of  my  duty  to  carry  letters  to  delinquent  custom¬ 
ers  from  Mr.  Darracott,  the  agent  of  the  Company,  —  cus¬ 
tomers  whose  bills  lie  over  a  month.  It  is  my  habit  to  make 
a  cross  against  the  names  of  persons  whom  I  have  notified, 
in  my  book,  and  on  referring  to  it  I  find  a  cross  against 
Gault’s  name. 

Cross  Examined.  Have  no  recollection  of  any  conversa¬ 
tion  with  Gault  as  to  this  bill.  Have  no  distinct  recollection 
of  leaving  a  letter  for  him.  I  think  he  once  disputed  a  small 
bill  of  five  or  six  dollars,  on  the  ground  that  he  had  paid  it, 
and  thought  he  had  lost  the  receipt. 

To  Whiting.  He  had  not  paid  that  bill  to  me,  and  if  he 
had  paid  it  at  the  office,  it  would  have  been  crossed  olF  the 
book  before  I  took  it  from  the  office  the  next  morning. 

Cross  Examination  resumed.  I  am  the  only  collector, 
except  occasionally,  when  I  am  on  a  quarterly  route  and 
weekly  bills  come  due,  or  sometimes  Avhen  gas  is  shut  oil’, 
when  the  bills  are  given  to  the  gas  man. 

Charles  Brmtnall^  Jr.  I  live  in  Boston,  and  am  clerk  to 
the  Boston  Gas  Company.  I  receive  money  and  enter  it  on 
the  cash  book.  I  find  in  my  hand-writing,  under  date  of 
Jan.  30,  1847,  an  entry  —  William  Gault,  paid  $26.80.  Can¬ 
not  tell  from  whom  I  received  it.  The  bill  was  brought 
into  the  office  by  somebody,  and  I  received  the  money  and 
credited  it.  I  have  no  particular  recollection  on  the  subject ; 
the  entry  was  made  in  the  ordinary  course  of  my  duty ;  it  is 
a  true  entry.  An  entry  May  1,  1847,  of  $10.85,  is  not  in 
my  hand-writing,  and  the  entries  of  July  3,  1847,  and  Oct. 
28,  1847,  are  not  in  my  hand-writing. 


EVIDENCE  FOR  THE  PLAINTIFFS. 


11 


Cross  Examined.  Do  not  recollect  any  objection  to  this 
bill  at  the  time  it  was  paid. 

Mr.  Chase  exhibited  to  witness  three  bills,  and  asked  if 
they  were  receipted  by  him.  Witness  answered  yes.  They 
were  as  follows:  from  Jan.  1846  to  April  1846;  from  Oct., 
1845  to  Jan.,  1846;  from  Oct.  1846  to  Jan.,  1847,  $26.80; 
they  were  all  signed  Charles  Brintnall,  Jr. 

Four  others  were  exhibited  which  witness  did  not  sign ; 
they  were  as  follows  :  from  April,  1845  to  July,  1845,  signed 
H.  Davis ;  from  July,  1847  to  Oct.,  1847,  signed,  Samuel 
Hallett ;  from  April,  1846,  to  July,  1846,  signed  Samuel 
Hallett ;  from  Jan.,  1847  to  April,  1847.  The  signatures 
were  all  admitted  by  plaintiffs  to  be  genuine.* 

Nathaniel  W.  Turner.  I  reside  in  Chelsea,  and  am  in 
the  employ  of  the  Boston  Gas  Company,  as  a  gas  fitter. 
Have  been  in  Gault’s  store  but  did  not  put  up  the  fixtures 
there  ;  I  went  to  see  about  the  gas  as  it  did  not  work  well  ; 
went  in  the  day  time  to  fix  them ;  went  one  evening  and 
found  one  burner  did  not  burn  well — next  day  I  fixed  it 
and  in  the  evening  went  in  and  asked  Gault  if  it  worked 
well,  and  he  replied,  “Yes,  there  is  no  trouble  to-night,  it  all 
works  well.” 

Cross  Exammed.  This  was  in  December  last.  Saw  Mr. 
Gault  then ;  it  was  in  the  evening,  not  far  from  seven 
o’clock ;  he  was  standing  against  the  cutting  board. 

By  Mr.  Whiting.  Can  you  tell  how  the  company  from 
Oct.,  1846  to  Jan.,  1846  measured  their  gas  ?  Objected  to 
by  defendant’s  counsel,  but  allowed  by  the  Court.  Answer. 
When  we  go  round  we  take  the  statements  of  the  meters ; 
Mr.  Slater  goes  round  for  this  purpose ;  we  measure  gas  by 
what  are  called  meters ;  I  am  not  acquainted  with  the  pro¬ 
cess.  All  gas  delivered  by  this  company  is  measured  by 
meters.  I  think  it  is  a  true  measure.  I  know  the  fact  that 
the  meter  is  a  true  measure. 

Cross  Examination  resumed.  I  know  that  a  meter  is 
correct,  because  we  have  a  proof  meter  and  a  gasometer  by 
which  all  other  meters  that  are  sent  out  are  proved  before 
they  are  sent  to  be  put  up.  I  have  never  tested  it  myself 
but  have  seen  it  in  operation,  and  seen  at  least  fifty  others 
proved  by  it.  Have  seen  it  in  operation  half  a  dozen  times. 

Richard  Hodson.  I  am  a  meter  maker.  Have  no  interest 


^The  money  is  frequently  received  and  bill  receipted  by  one  clerk  and  handed  over  to  the 
other,  who  enters  it  in  the  cash  book.  Gault’s  bills  were  often  paid  to  Hallett,  who  went  to 
shut  off  the  gas  for  non-payment. 


12 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


in  the  company,  and  am  paid  by  a  salary.  I  do  the  tin 
work  and  the  putting  together ;  the  brass  part  of  them  is  not 
in  my  line.  My  business  is  to  try  all  meters  after  they  are 
put  together.  I  have  done  nothing  else  but  this  for  twelve 
years.  We  have  patterns  and  frames,  Avhich  enable  us  to 
make  one  just  like  another.  When  one  is  done  it  is  ahvays 
proved  to  see  if  it  is  correct.  It  is  proved  by  the  gasometer, 
which  is  a  gas  measure,  like  a  wine  gallon  measure,  or  any 
other.  If  at  all  out  of  the  way  Ave  regulate  the  meter  by 
the  height  of  the  Avater  line  ;  Avhen  the  Avater  is  too  high  or 
too  loAv  it  can  be  altered  by  raising  or  lowering  the  screAV  ;  the 
height  at  Avhich  the  screAv  hole  is  placed  regulates  the  height 
of  the  Avater  in  the  meter.  When  a  meter  is  done  and  tried, 
and  it  measmes  tAvo  per  cent,  too  little  Ave  loAver  the  hole. 
When  it  overruns  much  Ave  should  raise  it ;  but  if  only  two 
per  cent.  Ave  do  not  ahvays  alter  it.  But  we  ahvays  calcu¬ 
late  to  have  it  correct  and  exact. 

I  understand  the  machinery  of  the  gasometer  and  hoAV  me¬ 
ters  Avork.  I  made  this  meter.  Don’t  know  that  it  Avas  in 
Gault’s  store.  Have  proved  this  meter,  but  have  not  seen  it 
since  ;  it  appears  to  be  in  the  same  state  as  Avhen  it  left  me  ; 
the  screAV-hole  appears  to  have  leaked,  and  there  is  some 
solder  on  it.  If  the  screAv-hole  should  leak  and  let  the  Ava¬ 
ter  doAvn,  the  consequence  Avould  be  that  it  Avould  stop  the 
gas,  but  if  it  did  not  go  doAvn  far  enough  to  stop  the  gas, 
more  gas  Avould  be  used  than  Aimuld  be  marked  on  the  reg¬ 
ister.  1  see  no  signs  of  any  alteration  in  this  meter.  I 
should  knoAV  if  it  had  been  taken  to  pieces  and  put  together 
again. 

The  gasometer  is  made  of  a  given  size,  and  the  number  of 
feet  it  holds  is  marked  on  the  brass  scale  Avhich  slides  doAvn 
into  it.  I  have  proved  this  meter  by  the  gasometer  Avhich 
stands  in  the  entry.  Mr.  Slater  proved  this  Avhen  it  came 
back  to  the  office,  in  my  presence  ;  it  was  correct  then ;  in 
my  opinion  it  could  not  have  been  out  of  order  in  the  mean 
time,  —  that  is,  Avhile  it  Avas  aAvay. 

Mi'.  Slater  recalled.  I  brought  this  meter  from  the  entry. 
It  is  the  same  that  Avas  in  Gault’s  shop. 

Cross  Examined.  It  Aims  taken  from  No.  38  Washington 
street,  from  the  cellar  in  front,  under  the  store  formerly  occu¬ 
pied  by  Gault.  I  removed  it  about  tAvo  Aveeks  ago  and  have 
seen  it  every  day  since,  in  the  Avork  shop. 

Mr.  Hodsoii  recalled.  1  should  have  stated  that  I  could 
not  say  from  my  oavu  knoAvledge,  that  this  meter  had  not 
been  incorrect  during  the  time  it  Avas  aAvay,  but  my  ojiinion 
is  that  it  must  liaA'e  been  in  perfect  order  all  the  time,  or 


EVIDENCE  FOR  THE  PLAINTIFFS. 


13 


otherwise  it  would  not  have  worked  correctly  when  it  came 
back. 

William  Lawler.  I  have  been  in  employ  of  the  Boston 
Gas  Company,  twenty  years  last  May.  During  that  time 
was  foreman  of  the  fitting  department,  until  eighteen  months 
ago.  Believe  I  proved  the  first  meter  ever  made  in  Boston. 
I  now  superintend  the  manufacture  of  gas  at  the  Company’s 
works.  Never  knew  the  Company  to  send  out  a  meter  with¬ 
out  it  was  first  proved  and  proved  thoroughly.  Persons  who 
prove  them  have  no  interest  in  the  Company,  that  I  know 
of,  and  ought  not  to  be  interested.  When  meters  come  out 
of  the  maker’s  hands,  and  before  they  are  painted,  they  are 
carried  up  to  the  proving  room  and  placed  on  a  bench  which 
is  made  perfectly  level,  as  perfect  as  it  can  be  by  a  spirit  levelg 
a  small  gasometer  is  placed  at  the  end  of  this  bench,  on  which 
is  a  scale,  which  tells  the  number  of  cubic  feet  and  inches  of 
gas  it  holds ;  a  proof  meter  is  attached  to  this,  and  a  given 
quantity  of  gas  is  delivered  into  it  from  the  gasometer,  thence 
into  the  first  meter  of  the  row,  thence  into  the  second,  and 
so  on  through  the  whole  line.  We  tell  the  measure  by  the 
index  of  each  meter,  all  being  uncovered,  and  the  registers  of 
all  being  set  at  zero  or  0.  If,  after  the  gas  has  been  passed 
through  all  the  meters  and  all  are  found  to  conform,  they  are 
set  down  as  correct.  If  any  do  not  conform  to  the  proof 
meter,  they  are  taken  out  and  set  on  one  side.  The  index 
indicates  the  number  of  revolution  of  the  cylinder  wheel 
which  is  inside  of  the  meter.  If  the  index  is  made  correct 
it  tells  the  truth.  In  proving  meters  some  measure  too  much 
or  too  little,  and  these  are  sent  down  to  the  work  shop  to  be 
corrected.  The  measure  depends  entirely  on  the  water  line, 
which  is  raised  or  lowered  by  altering  the  screw-hole.  After 
they  are  corrected  they  are  tested  again,  and  some,  even,  are 
altered  and  proved  two  or  three  times.  None  are  ever  sent 
out  that  are  not  proved  to  be  correct.  And  they  are  never 
painted  until  they  are  proved  to  be  correct,  because  it  would 
be  difficult  or  impossible  to  repair  them  without  scraping  off 
the  paint  —  solder  would  not  stick  to  the  paint.  Do  not 
recollect  that  we  ever  sent  out  a  meter  before  it  was  painted. 
Have  compared  our  meters  with  those  imported  from  other 
countries,  and  with  those  from  other  parts  of  the  United 
States ;  ours  always  conformed  to  those  as  near  as  I  could 
see.  Our  proof  meter  came  from  Scotland.  We  have  what 
are  called  dry  meters  in  the  office  ;  cannot  tell  what  difficulty 
there  is  in  measuring  by  dry  meters ;  have  examined  them, 
and  understand,  I  think,  the  principle  on  v/hich  they  act  ,- 
should  say  they  are  not  so  durable  as  the  water  meters. 


14 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


Have  always  been  in  the  habit  of  comparing  foreign  meters, 
and  we  have  had  a  number  of  them  in  use  in  this  city.  There 
is  no  dithculty  at  all  in  measuring  a  cubic  foot  of  gas. 

[Here  the  witness  went  into  an  explanation  of  the  opera¬ 
tion  of  a  meter,  and  explained  it  by  taking  the  model  to 
pieces,  and  showing  the  jury  all  its  parts.] 

If  in  the  course  of  time  a  hole  should  rust  in  the  tin  wheel, 
so  as  to  allow  gas  to  escape,  that  gas  would  not  be  registered, 
and  the  consumer  would  use  it  for  nothing.  So,  also,  if  by 
too  great  friction  or  any  other  cause  the  wheel  should  turn 
irregularly,  gas  would  escape  without  being  registered  ;  and 
if  the  water  line  should  get  too  low,  the  consumer  would  in 
each  case  use  more  gas  than  he  would  have  to  pay  for.  If 
the  valve  closes  the  gas  stops  flowing,  and  the  register  never 
Avorks  unless  the  gas  floAvs  ;  if  the  Avater  is  too  high  it  shuts 
oft’  the  light.  The  extreme  A^ariation  in  favor  of  the  compa¬ 
ny  can  never,  in  my  opinion  be  more  than  one  per  cent., 
and  it  may  be  tAvo  per  cent,  in  favor  of  the  consumer.  If 
the  line  is  too  high  the  variation  is  in  favor  of  the  Company, 
but  if  it  is  too  Ioav  it  is  against  the  Company,  sometimes  as 
much  as  from  six  to  ten  per  cent.  There  is  ahvays  an  evap¬ 
oration  of  the  Avater  going  on  ;  the  gas  takes  up  the  hydrogen 
of  the  Avater  in  the  meters,  by  A\drich  there  is  a  loss  to  the 
Company,  as  this  loAvers  the  Avater-line ;  and  this  Avoidd  be 
the  case  Avhether  the  meter  Avere  placed  on  a  leA^el  or  not. 
To  remedy  this,  meters  are  refilled  as  often  as  once  in  tAvo 
months,  and  Avhere  much  gas  is  used  Aveekly.  The  Com¬ 
pany  ahvays  recpiire  that  the  meters  should  be  put  up  on 
a  leA^el,  and  every  fitter  is  furnished  Avith  a  spirit  leA'el  to  put 
them  up  by. 

The  quantity  of  gas  made  by  the  Company  is  ahi^ays 
measured  and  knoAvn  hy  them ;  so,  also,  is  all  that  is  delh"- 
ered  and  all  that  is  sold.  All  the  gas  made  is  passed  through 
a  large  stationary  meter,  and  measured  by  me,  and  an  ac¬ 
count  of  it  is  taken  by  me,  and  no  one  else.  We  ai-e  A’’ery 
Avell  satisfied  if  Ave  do  not  lose  five  per  cent.,  of  all  that  is 
made.  The  meters  ahi'^ays  shoAv  that  less  of  gas  has  been 
delh^ered  than  has  been  made,  and  this  loss  is  independent  of 
Avhat  is  supposed  to  be  lost  by  imperfections  in  the  Compa¬ 
ny’s  pipes,  such  as  leakages,  breakages,  &.C.,  all  Avhich  inci¬ 
dental  losses  are  first  allowed  for. 

When  the  Avater  in  a  meter  is  too  Ioav,  it  is  reneAA'-ed  from 
a  reserA'oir  Avhich  is  on  the  side  of  the  meter  at  the  top. 
There  are  periodical  examinations  of  the  meters,  by  tAvo  ex¬ 
perienced  men,  Avho  go  round  together  for  that  purpose,  say 


EVIDENCE  FOR  THE  PLAINTIFFS. 


15 


once  a  month,  sometimes  oftener,  particularly  in  the  winter  ; 
generally  speaking  they  are  obliged  to  put  in  some  water, 
showing  that  the  consumer  has  been  using  gas  not  paid  for, 
owing  to  the  water  line  having  fallen  below  its  level. 

Cross  Examined.  Have  examined  a  meter  made  by 
Samuel  Crosly,  of  London,  and  compared  it  with  ours  ; 
knew  it  by  the  signature  and  patent  mark  which  was  upon 
it.  Also  have  compared  the  Edinburgh  meters  and  others 
made  in  Philadelphia  and  in  New  York.  When  the  Com¬ 
pany  cannot  manufacture  meters  fast  enough  to  supply  cus¬ 
tomers,  they  have  imported  them  from  England  and  Scot¬ 
land,  I  think.  Sometimes  if  a  hole  happens  to  be  in  the 
cylinder,  the  register  will  not  work  for  three  months,  and  in 
every  such  case  the  Company  is  in  the  habit  of  making  out 
bills  to  the  consumer,  by  estimate,  and  present  it  to  him  so 
marked,  with  an  explanation  of  the  reason,  and  if  he  disputes 
its  correctness,  they  leave  it  to  him  to  say  how  much  it 
ought  to  be,  or  not  to  pay  any  thing,  as  he  pleases. 

The  meter  in  the  entry  was  made  by  Milne  of  Edinburgh  ; 
his  meters  are  very  celebrated ;  he  is  the  greatest  manufac¬ 
turer  of  the  article  in  Edinburgh. 

Uriah  Boyden.  Am  a  civil  engineer  and  mathematician. 
Have  taken  a  measurement  of  the  gasometer  in  the  entry, 
this  morning.  It  contains  two  feet  four  one  hundreths,  eight 
one  thousandths,  (2.048)  cubic  feet,  when  the  cylinder  de¬ 
scends  the  whole  length  of  the  scale  as  it  is  now  graduated. 
Have  calculated  it  once.  Witness  was  requested  to  examine 
his  calculations,  or  to  make  them  anew,  which  he  did  in  the 
court  room,  and  afterwards  pronounced  them  to  be  correct. 

Experiments  were  then  made  of  the  gasometer  and  the 
proof  meter,  the  court,  jury,  counsel  and  parties  all  proceed¬ 
ing  to  the  entry  for  that  purpose.  The  experiment  was 
made  by  passing  two  feet  of  air  from  the  gasometer  to  the 
proof  meter,  and  the  index  or  register  showing  as  it  moved 
an  exact  conformity  to  the  scale  of  the  gasometer. 

On  returning  to  the  court  room, 

Mr.  Stearns  was  recalled,  and  testified  that  the  Company 
is  not  in  the  habit  of  charging  on  their  quarterly  bills  the 
odd  ten  feet  registered,  nor  of  taking  any  notice  of  the  quan¬ 
tity  less  than  ten,  except  when  a  customer  discontinues 
taking  gas,  and  then  they  generally  make  the  bill  out  for 
the  whole  quantity. 

Mr.  Chase,  for  defendant,  asked  that  the  meter  and  gas¬ 
ometer  in  the  entry  might  now  be  examined  and  compared 
with  gas  instead  of  air,  as  he  was  not  satisfied  with  the  ex¬ 
periment  just  made.  The  plaintiff  readily  complied,  and  his 


16 


BOSTON  GAS  LIGHT  COMPANY  VS.  IVM.  GAfLT. 


workmen  were  immediately  directed  to  affix  proper  burners, 
get  the  gas  in  readiness,  and  make  the  experiment.  But  as 
it  was  near  two  o’clock,  P.  M.,  the  usual  hour  of  adjourn¬ 
ment  on  Satiu'days,  it  was  arranged  between  the  parties  and 
the  court,  that  the  jury  should  be  placed  in  charge  of  an  offi¬ 
cer,  to  be  discharged  when  they  were  satisfied  with  the  ex¬ 
periment.  And  the  court  then  adjourned  to  IMonday. 

Monday,  July  31,  184S. 

Mr.  Slader  recalled. 

Mr.  Chase  objected  to  any  more  evidence  on  the  part  of 
the  plaintiff,  as  it  had  been  understood  by  him,  on  Saturday, 
that  the  plaintiff’s  evidence  was  closed.  The  Court  decided 
that  the  evidence  might  be  admitted. 

Witness  had  several  times  tried  experiments  to  ascertain 
how  much  gas  burners  Avould  consume ;  he  had  never  tried 
to  get  at  the  lowest  quantity,  but  he  had  examined  the  flame 
at  several  different  heights.  The  common  Argand  burner, 
with  the  flame  three  quarters  of  an  inch  high,  would  con¬ 
sume  two  feet  an  hour ;  at  one  and  a  half  inch,  three  feet ; 
at  two  and  a  quarter  inches  four  feet ;  at  three  inches  five 
feet ;  at  three  and  three  quarter  inches  six  feet.  If  a  short 
glass  be  taken  off  and  a  taller  one  put  on,  the  flame  would  be 
raised  and  more  gas  would  be  burned.  Less  than  three 
quarters  of  an  inch  flame  can  be  burned,  and  the  amount  can 
be  reduced  almost  down  to  nothing,  but  witness  never  tried 
how  little. 

Mr.  Chase  admitted  one  sixteenth  of  an  inch,  stating  that 
he  had  tried  it. 

Witness.  If  the  flame  should  be  reduced  to  about  half  an 
inch,  it  would,  in  my  judgment,  burn  about  a  foot  in  an 
hour,  but  I  never  tried  it ;  but  I  can  form  no  judgment  how 
much  one  sixteenth  would  burn. 

Cross  E xamined.  At  one  sixteentli  of  an  inch  the  gas 
would  burn  in  the  same  proportion  as  at  half  an  inch,  if  the 
meter  was  in  order.  Don’t  see  why  it  should  not.  It  would 
take  about  eight  hours  to  burn  one  foot,  at  one  sixteenth  of 
an  inch,  if  it  takes  one  hour  to  burn  one  foot  at  half  an  inch. 

To  Whiting.  The  argand  burner  shown  to  Avitness  has 
thirty-six  orifices  for  the  gas  to  pass  through.  We  have  sev¬ 
eral  kinds  of  burners,  Avith  more  or  less  orifices.  The  more 
orifices  there  are  the  more  gas  Avill  be  burned  in  a  giA'en 
time. 

Cross  Examination  resumed.  We  haim  fiA'e  or  six  dif- 
erent  kinds  of  burners.  This  one,  the  argand,  Avith  thirty-six 
holes,  has  been  in  use  nine  or  ten  years.  We  usually  put 


EVIDENCE  FOR  THE  PLAINTIFFS. 


17 


these  into  stores,  unless  the  occupant  has  a  preference  for 
another  kind.  The  fixtures  in  Gault’s  store,  if  I  recollect 
right,  were  not  made  by  us,  but  by  H.  N.  Hooper  &  Co. ;  if  so 
they  were  put  up  by  request  or  order  of  the  former  occupant, 
or  the  owner  of  the  premises.  We  generally  put  up  our  own 
burners  when  we  put  in  meters.  It  is  not  my  business  to 
put  up  burners  or  to  know  whether  they  are  put  up  by  the 
Company  ;  but  I  do  know  sometimes.  I  don’t  know  whether 
Gault  procured  any  burners  of  the  Company.  Have  seen 
his  burners,  but  never  examined  the  orifices. 

Cannot  state  whether  burners  with  globes  burn  more  gas 
than  those  without,  nor  whether  they  burn  less ;  the  globe 
does  not  reduce  the  flame ;  the  globe  is  not  so  high  as  the 
chimney,  generally  by  half  an  inch,  and  sometimes  the  top 
of  the  globe  is  two  inches  lower  than  the  top  of  the  chim¬ 
ney.  The  globe  does  not  alter  the  consumption  of  the  gas. 
The  height  of  the  chimney  does  not  affect  the  consumption 
of  gas  unless  you  alter  the  stop-cock ;  you  can  burn  more 
gas  with  a  tall  chimney  than  with  a  short  one,  if  you  choose, 
and  alter  the  stop-cock  for  that  purpose ;  there  is  greater 
draft  in  a  high  glass,  but  no  difference  in  the  consumption 
of  gas,  that  can  be  perceived,  unless  the  stop-cock  is  altered  ; 
I  have  tried  it  on  the  Gas  Company’s  premises  and  never  saw 
any  great  difference.  Do  not  know  of  my  own  knowledge 
that  this  pattern  of  bmaier  and  glass  is  different  from  those 
in  Gault’s  store. 

Mr.  Whiting  admitted  that  if  the  light  shines  through 
two  glasses,  especially  if  one  of  them  is  ground,  it  would 
take  more  gas  for  the  same  radiation  of  light  ;  he  was  willing 
to  allow  that  the  use  of  a  globe  necessarily  requires  the 
burning  of  more  gas,  and  those  who  use  globes  burn  more 
on  that  account. 

Cross  Examination  resumed.  Suppose  the  flame  to  be 
level  with  the  top  of  the  chimney ;  the  placing  a  globe  over 
the  glass  would  neither  alter,  increase  nor  diminish  the  flame, 
and  would  net  perceptibly  alter  the  draft  that  I  know  of. 
The  object  of  using  globes  is  different  with  different  people  j 
some  use  them  to  soften  the  light,  some  to  make  more  show 
in  their  stores  and  in  their  windows. 

Have  never  heard  it  remarked  by  customers  that  more  gas 
is  used  with  globes  than  without,  to  any  present  stockholder, 
or  agent,  or  to  myself  as  a  meter  taker,  nor  has  any  such 
thing  been  admitted  by  me.  This  is  the  common  size  of  the 
burners  in  use  in  Washington  street ;  if  a  chimney  with  a 
larger  diameter  were  used,  no  more  gas  would  be  consumed. 

To  Whiting.  When  the  fixtures  and  pipes  leading  to  the 
2* 


18 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


burner  get  filled  up,  as  much  gas  cannot  be  burned,  nor  will 
as  much  pass  through,  as  when  they  are  clean.  ^Mien  they 
get  foul  we  are  sometimes  obliged  to  put  up  new  ones,  and 
sometimes  we  can  clean  them  out.  When  a  customer  com¬ 
plains  that  he  does  not  get  light  enough,  we  enlarge  the  fix¬ 
tures,  or  make  larger  orifices.  Do  not  know  whether  Gault’s 
fixtures  have  been  altered.  The  quantity  of  gas  burned  with 
a  globe  depends  upon  the  state  of  the  stop-cock ;  the  fact 
that  people  do  bimi  more  with  a  globe  may  be  from  their 
not  seeing  so  readily  when  the  chimney  gets  foul,  and  that 
more  gas  is  required  then,  and  that  it  requires  more  to  give 
the  same  light  through  ground  than  through  plain  and  clear 
glass.  Have  seen  the  flame  rising  to  the  top  of  chimneys 
covered  with  globes  when  it  was  not  necessary;  the  flame 
cannot  be  so  readily  adjusted  to  the  desired  height  when  it 
is  hid  by  a  globe.  If  the  stop-cock  is  in  the  same  position 
with  a  long,  and  a  short  chimney,  no  more  gas  would  pass 
through;  but  with  a  long  chimney  the  flame  would  burn 
longest,  and  best,  and  clearest,  and  with  the  most  perfect 
combustion. 

Cross  Examination  resumed.  The  taller  chimney  con¬ 
sumes  more  perfectly,  but  no  more  gas.  There  is  more  apt 
to  be  smoke  with  a  short  than  with  a  long  glass.  Thin  gas 
will  evaporate  most  and  cause  a  loss  to  the  consumer. 

Mr.  Chase  then  opened  the  defence  as  follows;  — 

MAT  IT  PLEASE  YOUR  HONOR  AND  GENTLEMEN  OF  THE  JURY. 

The  sum  in  dispute  in  this  case,  seemingly  unimportant 
in  itself,  is  yet  of  as  much  importance  to  my  client  as  to  the 
plaintitfs  here,  and  the  question  is  whether  that,  and  a  much 
greater  sum  in  the  shape  of  costs,  shall  be  transferred  from 
his  pocket  to  the  pockets  of  the  Boston  G.as  Light  Company, 
the  plaintitfs  before  you.  The  question  in  fact  is  of  great 
importance,  and  you  Avill  allow  me  to  explain  why.  Though 
a  small  question  as  to  the  dollars  and  cents  involved,  it  com¬ 
prehends  a  question  of  inmieasiuable  value  to  my  client,  to 
all  consumers  of  gas  in  the  city,  to  you,  gentlemen,  and  to 
the  citizens  and  public  in  general. 

And  it  is  the  question  whether  a  citizen  who  not  only 
conscientiously  believes,  but  morally  knows,  and  not  only 
that,  but  can  demonstrably  exhibit  that  he  is  charged  more, 
week  after  week,  and  quarter  after  quarter,  than  the  worth 
of  the  gas  he  uses,  can  be  compelled  to  pay  whatever  the 
Company  may  see  fit  to  charge  or  demand.  And,  as  I  said, 
it  is  a  question  Avhich  greatly  concerns  the  defendant,  your¬ 
selves,  and  all  the  community. 


EVIDENCE  FOR  THE  DEFENDANT. 


19 


Now  ill  this  particular  case  the  defendant  comes  before 
you  asking  the  plaintiffs  to  prove  their  case  against  him. 
You  know  that  for  more  than  two  days  past  they  have  been 
endeavoring  to  make  out  a  prima  facie  case  against  us,  and 
on  Saturday  stated  that  they  had  closed  it.  But  to-day,  this 
very  morning,  they  have  put  in  further  testimony,  have  done 
their  best  to  strengthen  their  position,  and  now,  after  all  this 
effort,  I  put  it  to  you,  I  ask  you  whether  they  have  made 
out  any  such  case  as  can  give  them  a  right  to  demand  of  you, 
or  can  authorise  you  to  give  any  verdict  Avhatever  against 
the  defendant.  I  say  that  the  case  the  plaintiffs  have  here 
presented  will  not  justify  you  in  giving  one  farthing’s  dam¬ 
ages  against  my  client.  The  Court  will  instruct  you,  gen¬ 
tlemen,  that  every  averment  in  the  writ  is  bound  to  be 
proved  beyond  a  reasonable  doubt,  in  the  mind  of  each  and 
every  juror.  If  in  any  single  department  the  plaintiffs  have 
failed  so  to  do,  their  case  must  fall.  If  they  fail  satisfacto¬ 
rily  to  show  — 

1st.  That  they  have  charged  us  by  the  most  usual  mea¬ 
sure  of  gas  consumption ;  — 

2d.  That  from  October  to  January  last,  we  actually  used 
the  gas  charged  against  us ;  — 

3d.  That  our  gas  fixtures  were  all  correct  and  in  good 
order ;  — 

4th.  That  the  gasometer  and  meter  are  the  only  true  mea¬ 
sure  of  gas  consumption ;  — 

In  all,  or  either  of  these  cases,  the  verdict  of  the  jury  must 
be  against  them.  Or  if  we  shoAV  that  their  measures  are  not 
accurate,  or  if  they  fail  to  prove  their  entire  accuracy,  then 
again  they  cannot  recover.  And  here,  gentlemen,  the  burden 
of  proof  is  upon  them. 

On  any  one  of  these  grounds,  and  on  all  of  them  together, 
we  ask  you,  gentlemen,  for  a  verdict  in  our  favor.  We  con¬ 
tend  that  nothing  at  all  has  been  offered  in  evidence  to  re¬ 
move  any  conscientious  doubts  you  may  have  entertained  as 
to  the  accuracy  of  the  plaintiffs  measurements  —  doubts 
which  we  think  you  all  must  entertain  —  doubts  supported  by 
your  own  knowledge,  confirmed  by  your  own  experience, 
and  borne  out  by  the  experience  of  the  whole  public. 

We  say  the  plaintiffs  have  no  case  at  all.  You  have  re¬ 
peatedly  seen,  gentlemen,  in  the  course  of  this  trial,  that  the 
Court  has  admitted  testimony  which  it  did  not  think  belonged 
to  the  case,  except  perhaps,  as  we  say  at  the  bar,  de  bene  esse 
—  that  is,  testimony  to  be  put  in,  but  not  to  be  considered  by 
the  jury,  except  under  the  express  instruction  of  the  Court. 


20 


BOSTON  GAS  LIGHT  COMPANY  VS.  IVM.  GAULT. 


The  Court  has  said  that  it  was  at  a  loss  to  see  what  a  large 
portion  of  the  evidence  had  to  do  with  the  case,  but  it  was 
admitted  on  the  system  my  learned  friend,  the  counsel  on 
the  other  side,  contended  for,  as  being  a  link  in  the  chain  of 
evidence  by  which  he  proposed  to  substantiate  his  case. 
But  we  say  he  has  not  made  out  even  a  prima  facie  case, 
and  by  that  we  mean  this;  —  that  though  he  has  presented 
what  he  calls  a  case,  surrounded  by  all  the  adjuncts  his  abun¬ 
dant  ingenuity  could  contrive,  strengthened  by  all  the  forti¬ 
fications  his  exceeding  shrewdness,  ability  and  talent  could 
heap  around  it,  yet  there  is  nothing  in  it.  He  has  brought 
up  and  displayed  before  you,  all  his  iron,  his  brass,  his  cop¬ 
per,  his  gray-haired  men,  managers  and  directors,  his  clerks, 
his  book-keepers,  his  measurer,  and  his  collectors,  —  you 
have  seen  Iioav  they  have  sworn  for  the  plaintiffs,  the  reluc¬ 
tant,  tergiversating  manner  in  which  they  confessed  to  every 
thing  that  could  possibly  tend  on  the  other  side  —  you  have 
seen  and  noted  all  of  this. 

And  you  know,  too,  the  position  of  my  client — forced  to 
trial  while  yet  unprepared,  and  with  counsel  called  in  only 
at  the  eleventh  hour.  Still  we  shall  endeavor  to  do  as  good 
battle  as  we  are  able,  though  but  little  can  be  expected  of 
us  against  counsel  no  less  distinguished  for  powerful  elo¬ 
quence  than  perfect  urbanity  of  manner,  who  always  takes 
by  storm  the  jury,  foreman,  each  member  and  all,  and  whose 
captivating  graces  of  manner  and  style  lead  the  whole  au¬ 
dience  at  his  heels.  We  can  only  oppose  to  so  powerful  a 
force  the  efforts  of  a  poor  undistinguished  knight,  and  must 
rely  upon  the  justice  of  our  cause  for  the  Avant  of  ability  in 
its  champion.  But  we  are  confident,  gentlemen,  that,  in 
your  hands,  the  right  is  safe. 

My  client  comes  before  you  not  unwilling  to  pay  this  bill, 
if  justly  due,  nor  indisposed  to  fulfil  any  obligation  that  fairly 
rests  upon  him.  Neither  does  he  plead  inability  to  pay,  — 
for  though,  before  a  Western  jirry,  in  many  cases,  if  a  man 
were  to  show  that  he  could  not  pay  a  debt,  the  verdict  would 
be  that  he  did  not  owe  it,  yet  that  principle  does  not  obtain 
here.  Every  one  knows  the  contrary.  But  he  comes  before 
intelligent  men  —  and  Avithout  pretending  to  heap  upon  you, 
gentlemen,  the  customary  compliments  —  Avithout  saying 
that  you  are  the  only  honest  men,  or  the  most  honest  men 
in  the  community  —  Avithout  attempting  to  elevate  your 
characters  till  you  stand,  as  it  Avere,  the  Bunker  Hills  of  hu¬ 
manity —  he  comes  before  you  as  intelligent  men,  fully  capa¬ 
ble  of  deciding  the  point,  and  the  only  point,  at  issue  here. 
And  that  is  —  Avhy  should  he  not  be  compelled  to  pay  this 


EVIDENCE  FOR  THE  DEFENDANT. 


21 


bill  ?  And  besides  the  general  reason  I  have  urged,  let  me 
tell  you  some  other  reasons  why  he  should  not. 

I  have  asked,  have  the  plaintiffs  in  any  way  shown  that 
we  ought  to  pay  this  demand,  and  I  say  they  have  not. 
Why,  gentlemen,  they  themselves  only  set  forth  a  pretended 
test  as  a  reason  why  we  should  pay.  They  say  to  you  that 
a  certain  meter  which  they  produce,  and  allege  to  have  been 
used  in  measuring  our  gas,  is  a  true  test  of  the  amount  we 
have  consumed.  But  here,  I  say,  comes  in  the  law  of  the 
State,  and  I  plead  it  not  as  an  avoidance  of  their  claim,  but 
as  a  full  and  total  discharge  of  this  whole  bill.  Because  they 
are  bound  to  come  here  and  fully  prove  the  correctness  of 
the  measure  by  which  they  charge  us,  and  they  must  not 
attempt  to  take  advantage  of  their  own  wrong.  And  yet 
they  have  never  even  pretended  to  show  that  that  measure 
is  in  accordance  with  the  statute  of  the  Commonwealth  ; 
and  this  single  fact  I  contend  is  a  precipitation  of  their  whole 
case  from  the  elevation  where  they  have  attempted  to  place 
it,  down  to  the  very  bottom.  And  on  this  ground  I  fear¬ 
lessly  ask  a  verdict  for  the  defendant.  The  statute  of  the 
State  provides,  under  an  express  penalty,  that  no  flour,  wheat, 
grain,  d&c.,  “or  other  goods  or  commodities,’’'’  shall  be  sold 
unless  by  measures  or  weights  under  seal  of  the  proper  offi¬ 
cers  of  the  Commonwealth.  We  say  now  that  this  Corpora¬ 
tion  is  not  exempted  by  its  charter  from  the  operation  of  this 
act,  and  we  say  that  where  there  is  no  exemption,  then  the 
law  imposing  a  penalty  operates  as  a  prohibition  against  all 
sales  not  in  compliance  with  its  terms,  and  that  in  itself  is  a 
bar  against  judgment  in  favor  of  any  transgressing  party. 

But  they  say  the  standard  by  which  they  measure  and 
charge  our  consumption  has  been  proved,  that  is,  compared 
and  adjusted,  by  their  regular  proof  meter,  as  it  has  been 
called.  Suppose  it  to  be  so,  still  it  is  not  the  more  proved 
to  be  a  legal  standard  here.  For  though  it  may  correspond 
precisely  with  their  Scottish  or  English  standard,  still  they 
have  not  shown  by  any  Exchequer  certificate  from  the  for¬ 
eign  government  that  such  is  a  proven  and  correct  standard. 
And  we  say  moreover  that  there  can,  in  the  present  nature  of 
things,  be  no  absolutely  true  test  or  standard  in  a  case  like 
the  present ;  for  the  accuracy  of  these  meters  is  constantly 
varying,  on  account  of  their  position,  the  use  they  are  put 
to,  the  alteration  of  the  pipes  connected  with  them,  and  a 
thousand  other  circumstances.  And  we  all  know  that  no 
human  machinery  —  that  is,  no  machinery,  the  work  of  hu¬ 
man  hands  —  has  ever  yet  been  made  perfect.  No  clock,  no 
chronometer  of  the  most  delicate  conceivable  workmanship, 


22 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


can  mark  the  lapse  of  time  with  the  fidelity  of  the  sun’s 
progress  in  the  heavens.  The  calculus  is  as  necessary  as 
the  telescope  to  the  mathematician  and  astronomer  to  correct 
the  aberrations  of  the  stars  themselves.  The  first  astronomer 
and  mathematician  in  the  world  has  said,  that  in  these  things 
he  is  “all  at  fault.”  How  must  it  be  then  with  these  paid 
men  —  these  servants  of  this  Corporation  —  in  this  case! 
How  shall  they  pretend  to  be  umpires  or  competent  judges 
of  the  accuracy  of  a  machine  like  that  before  you  !  Any 
such  pretence  is  a  fable.  It  is  false.  It  is  ridiculous.  It  is 
absurd.  And  it  must  he  mortifying  to  my  friend  who  sits 
near  me,  (Mr.  Darracott)  with  the  gray  hairs  of  wisdom 
upon  his  brow  and  the  stores  of  scientific  experience  in  his 
mind,  to  be  brought  into  court  in  a  case  like  this,  sustained 
by  evidence  like  this.  I  am  happy  to  know,  gentlemen,  that 
he  frankly  says  he  hopes  he  never  may  be  again. 

But,  furthermore,  we  shall  prove  that  the  same  amount  of 
gas  has  been  charged  ditferently  when  burnt  at  different 
places,  and  that  the  Company’s  measurements  are  a  matter 
of  mere  guess-work,  as  they  themselves  have  oftentimes  con¬ 
fessed.  They  render  in  their  bills  by  estimation,  and  their 
customer,  being  an  honorable  man,  pays  them  if  he  thinks 
the  charge  reasonable.  If  not,  he  appeals  to  the  Company 
and  they  reduce  his  bills  to  whatever  amount  he  says  he 
ought  to  pay.  Sometimes  they  throw  their  charges  in  en¬ 
tirely.  And  it  has  been  stated  to  you  that  this  is  the  very 
first  case  ever  brought  into  court  for  adjudication.  Why  is 
it  the  first  case  ?  Not  because,  like  other  corporations,  they 
would  not  wage  war  with  heaven  and  earth  to  obtain  the  last 
mill  due  them — but  because  they  do  not  know  what  is  due 
them.  They  know  that  then  meters  are  no  test,  and  they 
throw  in  their  bills  when  they  can’t  collect  them  peaceably, 
because  they  know  on  what  a  bruised  and  broken  reed  they  de¬ 
pend.  They  know  that  if  they  ivere  to  show  their  hands  they 
would  meet  with  the  same  luck  in  court  as  the  Gas  Compa¬ 
nies  in  New  A^ork  and  Philadelphia,  which  sell  the  same 
kind  of  article  by  the  same  sort  of  measure,  have  recently 
met.  But  here  they  have  done  what  they  could  to  support 
their  claim.  We  shall  now  do  what  we  can  to  disprove  it. 
Without  further  detaining  you  in  opening,  gentlemen,  I  will 
proceed  to  call  our  witnesses. 

Mr.  Chase  then  called  the  witnesses  for  the  defendant, 
who  testified  as  follows  : 

Saifuiel  O.  Aborn.  Have  been  a  consumer  of  gas  from 
the  Gas  Company  a  little  short  of  tAvo  years.  Have  a  bill 


EVIDENCE  FOR  THE  DEFENDANT, 


23 


receipted  from  October  1,  1847,  to  January  1,  1848,  for 
$43.40  ;  it  was  paid  by  my  establishment.  Have  used  four¬ 
teen  burners  on  some  nights  —  Saturdays ;  and  on  other  nights 
twelve  burners.  We  light  up  at  the  usual  time  and  shut  at 
half-past  seven  to  eight  o’clock,  except  on  Saturdays,  when 
we  keep  open  until  ten  o’clock,  to  half-past  ten.  Five 
o’clock  was  the  usual  time  of  lighting  throughout  the  quar¬ 
ter.  We  use  globes.  Cannot  say  whether  consume  more 
gas  with  globes  than  without,  as  I  never  made  the  experi¬ 
ment.  Have  one  burner  with  neither  globe  nor  chimney  ; 
it  is  in  the  form  of  a  sun.  Don’t  know  whether  it  burns 
more  gas  than  others  or  not ;  should  judge  it  to  have  about 
the  same  number  of  holes ;  it  gives  rather  more  light ;  it 
stands  in  the  back  ground,  (in  window)  and  has  no  greater 
draft  that  I  know  of;  it  may  be  that  it  gives  more  light  in 
consequence  of  the  reflection ;  am  not  competent  to  say 
whether  it  burns  more  than  other  burners,  but  have  been 
told  that  it  does. 

Ci'oss  Examined.  While  I  took  the  gas  had  a  large  meter 
put  in  because  the  smaller  one  was  not  big  enough  to  give 
sufiicient  light,  but  had  no  larger  pipe  in  consequence.  I 
still  take  the  gas.  Am  a  hatter.  We  light  nothing  but  the 
ware-room,  or  store.  Had  clerks  during  this  quarter.  I  was 
always  the  last  person  to  leave  the  store.  I  have  two  keys, 
of  which  I  keep  one  'and  the  boy  the  other.  My  store  is  at 
No  95  Washington  street.  I  never  left  the  boy  or  any  one 
else  behind  me  there,  but  always  staid  until  the  door  was 
locked.  Probably  we  lighted  a  little  earlier  when  it  was 
dark  weather  than  when  it  was  clear.  In  October  we  gene¬ 
rally  light  up  at  five  to  half-past  5  o’clock,  and  in  December 
at  half-past  four.  Don’t  think  we  lighted  earlier  in  cloudy 
weather,  but  cannot  swear  we  did  not.  All  in  the  store  were 
accustomed  to  attend  to  the  gas  and  regulate  it,  if  too  high 
or  too  low.  It  is  possible  that  the  boy  might  have  gone  into 
the  store  when  I  was  away,  but  it  is  not  probable.  I  had 
three  or  four  young  men,  workmen  or  clerks ;  none  of  them 
could  have  got  in  without  the  boy  or  myself  knowing  it. 
The  boy  came  to  the  store  in  the  morning  and  swept  it  out  ; 
I  can’t  swear  that  I  was  always  there  as  soon  as  he  was,  nor 
that  he  did  not  burn  gas  to  see  to  sweep  out  by.  It  was  his 
business  to  sweep  out.  I  cannot  swear  that  he  did  not  light 
the  gas  before  I  got  to  the  store,  but  do  not  think  it  proba¬ 
ble.  Don’t  know  that  the  boy  did  not  let  in  the  clerks  to 
read,  &,c.,  after  Invent  away  at  night.  Occasionally  I  stayed 
until  a  quarter  past  eight  o’clock  if  a  customer  was  in,  or  as 
business  required.  The  time  of  closing  is  always  subject  to 
the  emergencies  of  the  occasion.  Am  still  a  consumer. 


24 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


Cross  Examined.  I  keep  no  watchman  and  no  porter. 
Have  no  suspicion  that  any  one  has  been  in  the  store  after  it 
was  closed  for  the  night.  Never  heard  any  remarks  from  the 
clerks  about  each  other  being  there.  There  have  never  been 
any  appearances  in  the  morning  to  indicate  that  they  had. 
The  boy  generally  opened  the  store  in  October  at  seven  to  a 
quarter  past  seven  o’clock  in  the  morning  ;  in  November  at 
half-past  seven,  and  in  December  a  quarter  of  an  hour  later. 
I  was  generally  there  about  that  time,  and  when  he  was 
taking  down  the  shutters.  Never  experienced  any  smell  of 
gas  in  the  morning  except  when  the  pipes  leaked,  which  they 
did  two  or  three  times,  so  as  to  scent  the  store. 

William  T.  Cook.  Have  used  gas  for  one  year  and  three 
months.  Have  a  bill  from  October,  1847,  to  January,  1848, 
for  $46.90,  which  is  paid.  I  used  sixteen  burners  on  Satur¬ 
day  nights,  and  generally  on  other  nights  fifteen.  It  was  the 
custom  to  close  the  store  at  half-past  seven  o’clock,  and 
lighted  up  about  five.  Should  think  that  tliree  hours  a  night 
was  the  extreme  limit  of  time  that  we  burnt  the  gas.  We 
seldom  lighted  before  half-past  four,  and  often  later.  Some¬ 
times  we  closed  earlier  than  half-past  seven  and  sometimes 
later.  All  the  burners  have  globes  except  one,  and  we  use 
that  on  Saturdays.  On  Saturdays  keep  open  till  ten  o’clock. 

This  argand  burner  appears  to  be  the  same  size  as  mine. 

To  a  Juror.  I  burn  at  the  full  height  all  the  evening. 
On  Saturday  nights  extra,  if  we  have  a  hat  to  di'ess. 

To  Chase.  Cannot  say  whether  we  burn  more  gas  with 
globes  or  without. 

Charles  W.  Burbank.  Have  used  gas  more  or  less,  for 
four  years.  Have  a  bill  for  gas  from  October,  1847,  to  Jan¬ 
uary,  1848,  for  7300  feet,  $25.55.  Used  four  burners  and  no 
globes.  The  average  time  of  burning  was  four  to  four  and  a 
half  hours  each  night ;  kept  no  correct  account ;  it  depended 
upon  the  time  we  closed  the  store.  From  April  1  to  July  1, 
1848,  the  bill  was  $4.20.  We  then  used  four  burners  with¬ 
out  globes  on  an  average  of  two  to  two  and  a  half  hours  a 
night.  I  don’t  know  whether  globes  increase  or  diminish 
the  amount  of  gas  consumed. 

Cross  Examined.  The  intermediate  bill,  from  January  1 
to  April  1,  1848,  was  thirteen  to  fointeen  dollars.  Last  year’s 
bill  from  July  to  October  was,  I  thhdv,  just  fourteen  dollars. 
I  kept  no  account  of  the  time  we  burned  the  gas,  and  paid 
no  particular  attention  to  it.  I  sleep  in  the  shop  and  so  does 
my  brother.  We  light  up  the  gas  usually  at  dusk,  and  usu¬ 
ally  shut  up  about  the  same  time.  No  gas  has  been  burned 
at  night  when  I  have  been  there,  and  presume  not  at  any 


EVIDENCE  FOR  THE  DEFENDANT. 


25 


other  time.  I  have  no  particular  knowledge  on  this  matter. 
I  think  the  statement  I  have  made  will  not  ditfer  materially 
from  the  facts. 

We  usually  shut  up  at  half-past  nine  to  ten  o’clock.  Am 
a  jeweller.  The  average  hour  for  closing  is  at  ten  o’clock  in 
summer.  Do  not  shut  up  before  half-past  nine  o’clock  more 
than  three  or  four  times  in  the  course  of  a  year,  and  not 
more  than  that  number  of  times  after  half-past  ten  o’clock. 
Shut  up  in  winter  at  ten  o’clock,  or  about  that  time.  Burn 
the  same  number  of  lights  both  seasons.  Our  object  is  to 
attract  as  much  attention  to  the  store  as  possible.  The  only 
difference  is  that  we  sometimes  in  winter  light  up  at  three 
o’clock,  and  in  the  back  part  five  or  ten  minutes  earlier  than 
usual.  In  winter  we  shut  up  earlier  than  in  summer.  When 
it  is  my  brother’s  turn  to  stay  at  the  store  I  go  away  at  half¬ 
past  six  o’clock. 

To  Chase.  From  April  to  July  last  I  was  at  the  store 
every  other  week  in  the  evening,  every  evening,  and  we 
used  four  burners  from  two  to  two  and  a  half  hours. 

Cross  E xaraination  resumed.  Our  store  is  twelve  or 
fourteen  feet  in  width  by  thirty-five  feet  deep ;  it  has  no 
light  in  the  rear.  Should  think  that  we  lighted  up  in  the 
shortest  days  in  December  at  half-past  four  o’clock ;  some¬ 
times  earlier  than  at  others.  Should  not  think  we  ever 
lighted  up  before  four  o’clock.  We  have  a  brnmer  before  the 
watch  bench,  but  it  is  never  lighted;  it  may  have  been  lighted, 
a  dozen  times  and  perhaps  more ;  have  had  it  there  a  year 
and  I  have  always  lighted  it  if  ever  it  was  used  when  I  was 
there.  The  store  is  under  the  Marlboro’  hotel  and  faces  to 
the  east.  Don’t  recollect  that  we  ever  lighted  up  before  sun¬ 
down —  never  when  I  was  there.  I  always  light  up  when  I 
think  it  dark  enough,  but  cannot  tell  every  particular  time. 

To  Chase.  I  have  the  same  confidence  in  the  bills  of  Oc¬ 
tober  and  April.  In  the  April  quarter  we  used  four  burners 
two  to  two  and  a  half  hours,  and  in  the  October  quarter  four 
binners,  four  to  four  and  a  half  hours ;  they  might  vary  in 
either  quarter  half  an  hour  more  or  less. 

Charles  O.  Gove.  Have  used  the  Gas  Company’s  gas 
from  January  1st  to  6th  of  May  the  present  year.  Used  seven 
burners  up  stairs  and  two  down  stairs.  My  bill  from  Jan¬ 
uary  to  April,  1848,  was  for  4450  feet  ^15.40.  We  lighted 
up  at  dark  and  kept  open  till  nearly  eight  o’clock,  and  on 
Saturdays  until  ten  or  a  quarter  past  or  half-past  ten  o’clock. 
Am  a  grocer.  Down  stairs  in  the  cellar  there  are  two  burners ; 


26 


BOSTON  GAS  LIGHT  CO.  VS.  WM.  GAULT. 


one,  in  the  back  cellar,  is  kept  burning  throughout  the  whole 
day.  I  use  six  burners  with  globes  of  ground  glass.  The 
burners  are  of  the  argand  form,  and  I  think  about  the  size  of 
the  model  and  the  chimney  in  Court. 

Moses  Kimball.  Am  manager  of  the  Boston  Museum,  and 
use  gas  made  by  the  Boston  Gas  Company.  I  employed  the 
Indians  to  perform  for  me.  The  bill  from  the  eleventh  to 
the  eighteenth  of  December,  1841,  was  $20  ;  it  was  a  weekly 
bill.  Don’t  know  how  many  burners  were  used  ;  had  about 
one  hundred  fitted  up,  and  generally  used  about  that  number. 
Keep  open  every  evening  except  Sunday  ;  we  light  up  at 
dark  and  keep  open  until  ten  o’clock.  In  December  we  com¬ 
mence  to  light  up  about  five  o’clock ;  we  always  keep  open 
until  the  performances  are  over,  and  close  immediately  after, 
if  it  is  later  than  ten  o’clock. 

The  Indians  were  to  commence  on  the  20th  of  December, 
and  they  were  to  play  foiu  nights  a  week.  This  bill  from 
the  eighteenth  to  the  twenty-fifth  of  December  is  $21.00. 
They  played  this  week  five  niglits.  This  bill  is  from  Sat¬ 
urday  morning  to  Saturday  morning.  Am  not  aware  how 
many  burners  Avere  used  during  this  time,  but  they  were  less 
than  usual ;  I  think  twenty-four  less  than  the  previous  week, 
and  the  bill  is  one  dollar  larger.  I  cannot  say  how  long  the 
performances  lasted  ;  they  commenced  at  the  same  hour  as  the 
preAnous  week ;  it  Avas  my  intention  to  make  the  time  the 
same :  they  closed  about  ten  o’clock ;  alAA^ays  try  to  close 
about  that  time.  The  bill  from  December  25th,  1841,  to  Jan¬ 
uary  1, 1842,  Avas  $23.00.  The  Indians  Avere  there  and  played 
all  the  Aveek ;  I  used  tAventy-four  burners  less  than  usual. 

Cross  Examined.  AVhen  AA^e  shut  otf  a  part  of  the  burn¬ 
ers,  the  others  burn  more  gas  unless  the  remainder  are  prop¬ 
erly  regulated ;  the  pressure  of  the  gas  is  greater  on  those 
that  are  left  burning,  and  throAvs  tlie  flame  up  higher.  Pre¬ 
sume  the  pressure  regulates  the  amount  of  gas.  We  gene¬ 
rally  regulate  the  stop-cocks;  they  Avere  on  these  nights  reg¬ 
ulated  when  they  were  lit  up.  It  is  uniA^ersally  the  case  that 
Avhen  the  shops  are  closed  for  the  night  the  theatre  lights 
stream  up,  and  Ave  are  then  obliged  to  turn  the  cocks  so  as  to 
keep  the  gas  doAvn.  I  have  had  bills  correspond  exactly  for 
the  same  periods  of  time,  but  I  should  be  surprised  if  they 
Avere  all  alike ;  should  not  be  surprised  if  they  should  A’ary 
three  or  four  dollars  a  Aveek.  I  Avas  satisfied  or  had  reason 
to  belieA'e  that  these  bills  for  the  time  the  Indians  performed 
Avere  correct ;  at  first  I  had  very  great  doubt,  for  I  thought  I 
Avas  economizing  by  using  feAver  burners,  and  I  bleAV  up 
about  it,  but  I  found  I  Avas  not  economizing.  When  there  is 


EVIDENCE  FOR  THE  DEFENDANT. 


27 


a  dark  scene  on  the  stage  the  man  who  turns  the  lights  down 
is  obliged  to  turn  down  the  lights  in  the  room  at  the  same 
time,  or  they  Avould  stream  up  and  smoke,  and  burn  out  too 
much  gas. 

To  Chase.  We  burn  the  lights  generally  as  high  as  we 
can,  and  try  to  keep  them  all  at  the  same  height.  We  use 
the  argand  burners,  like  that  pattern.  There  were  no  globes 
at  the  old  place,  (in  1841,)  the  burners  all  had  plain  chim¬ 
neys.  Presume  there  is  no  difference  between  using  globes 
or  not.  Have  reason  to  suppose  the  bills  are  correct  from 
comparing  them  with  others.  Have  been  convinced  since 
your  inquiry.  The  bill  from  December  4,  1841,  to  Decem¬ 
ber  11,  was  for  4400  feet,  same  number  of  burners,  $22.00, 
and  for  about  the  same  number  of  hours ;  from  November 
27  to  December  4,  1841,  all  the  same  burners,  4,800  feet, 
$24.00;  November  20  to  November  27,  1841,  5800  feet, 
$27.00.  Same  number  of  burners  —  and  used  for  a  greater 
length  of  time,  as  it  was  Thanksgiving  week,  and  we  had 
day  performances  during  which  we  lighted  up.  From  com¬ 
parison  with  these,  I  consider  that  the  bills  during  the  weeks 
the  Indians  performed,  are  correct. 

Cross  Examination  resumed.  When  the  performances 
on  the  stage  begin  we  turn  down  the  burners  down  stairs  in 
the  Museum  part  of  the  building  ;  most  of  them  are  put  out. 
At  the  old  place  something  more  than  half  the  burners  were 
in  the  exhibition  room,  so  that  about  one  third  of  them  were 
turned  down,  or  put  out  when  the  performances  commenced, 
in  order  to  economize.  When  the  Indians  were  there  we 
dispensed  with  the  side  lights  altogether ;  there  were  no  dark 
scenes  at  the  old  house. 

To  Chase.  One  third  of  the  lights  were  turned  down  or 
out,  down  stairs,  when  the  Indians  were  there. 

George  T.  Carruth.  Have  used  the  gas,  made  by  the 
Gas  Company,  about  eleven  years.  The  bill  from  October  1, 
1847,  to  January  1,  1848,  is  for  2700  feet,  $9.45.  I  was 
then  in  a  different  store  from  the  one  I  am  in  now.  I  used 
four  burners  then.  Am  now  a  cigar-dealer,  but  was  then  a 
grocer.  We  lighted  up  at  dark,  about  five  o’clock,  and  kept 
open  until  nine,  except  on  Saturdays,  when  Ave  kept  open 
until  ten  o’clock.  Used  no  globes.  Don’t  know  the  differ¬ 
ence  made  by  using  globes,  nor  whether  they  increase  the 
consumption.  Use  now  the  batswing  burner ;  by  using  a 
chimney  should  think  I  would  get  less  light  and  burn  more 
gas.  In  the  old  store,  which  was  No.  10  Blackstone  street,  I 


28 


BOSTON  GAS  LIGHT  COMPANY  VS.  \VM.  GAULT. 


used  the  argand  burner.  I  used  six  burners  from  October, 
1842,  to  January,  1843,  the  same  number  of  hours  as  used  in 
the  present  store,  say  from  dark  to  nine  and  ten  o’clock,  P.  M. 
and  the  bill  was  $25.00.  The  bills  were  much  larger  in  the 
old  store  than  in  the  new  ;  I  attribute  it  to  their  (the  com¬ 
pany)  knowing  nothing  about  the  meters.  In  the  new  store 
the  bill  from  October  to  January  last,  four  burners  from  dark 
till  nine,  and  on  Saturdays  till  ten  o’clock,  was  $9.45.  The 
bill  in  the  new  store  from  October  1,  1847,  to  January  1, 
1848,  (same  time)  was  for  eleven  hundred  feet.  $3.85.  The 
stores  connect ;  four  burners  were  used  altogether  in  both 
stores  —  two  in  each  store  and  burnt  the  same  length  of 
time  ;  the  two  bills  make  $13.30,  for  that  quarter.  Here  is 
a  bill  from  April,  1845,  to  July,  1845,  for  1600  feet,  at  four 
mills,  $6.40;  the  bill  for  the  same  quarter  the  succeeding 
year  was  for  7200  feet,  at  four  mills  $28.80 ;  there  were  four 
burners  in  use  part  of  the  time  and  six  a  part  of  the  time  in 
1845 ;  in  1846  had  five  burners  ;  in  both  quarters  used  gas 
the  same  number  of  hours.  The  burners  were  not  the  same. 
In  1845  I  had  the  argand,  and  in  1846  the  batswing.  Should 
judge  that  the  argand  consumes  the  most  gas  and  that  the 
batswing  is  the  most  economical. 

C?'oss  Exatnmed.  In  1846  had  a  burner  in  the  cellar; 
there  was  no  other  light  except  through  the  sidewalk  gra¬ 
tings  ;  that  was  counted  among  the  five  burners  I  have  spoken 
of* 


Tuesday,  Aug.  1,  1848. 

William  A.  Weeks.  Have  used  gas  for  five  years.  Have 
used  it  in  Washington  street  since  the  first  of  January  last. 
My  bill  from  October,  1847,  to  January,  1848,  Avas  for  twenty 
thousand  feet,  $70.00  ;  had  seA^enteen  burners,  and  directed 
my  porter  to  light  sixteen  of  them.  My  orders  to  him  are 
to  light  up  at  sunset,  except  sometimes  on  dark  days,  Avhen 
he  lights  up  earlier.  In  October,  I  should  say,  sunset  is  about 
five  o’clock,  and  in  December  about  half-past  four,  on  an  av¬ 
erage.  We  close  at  nine  o’clock.  For  tliree  or  four  nights, 
at  election  time,  Ave  keep  open  later,  say  until  ten  o’clock, 
not  over  four  times  in  all,  and  not  using  more  than  four  ex- 


*[Note. _ The  subjoined  Note  should  have  followed  the  matter  on  page  16,  at  the  end  of  the 

report  of  Saturday’s  proceedings.] 

The  Judge  and  most  of  the  Jury  then  retired  to  the  adjoining  room,  or  entiy-,  where  the 
meter  usedhy  the  defendant  was  connected  hy  a  pipe  with  the  cubic  measure,  or  small  gasom¬ 
eter,  measured  b\  Mr.  Hoyden,  and  two  feet  of  gas,  as  measured  in  the  eyiinder,  passed  through 
the  meter.  This  was  repeated  five  times,  and  the  pointer  on  the  inde.x  was  moved  forward 
exactly  one  division,  showing  that  ten  feet  of  gas  had  passed  through  the  meter.  A  small 
nuantity  of  water  was  then  put  into  the  meter,  so  as  to  raise  the  water  level ;  this  stopped  the 
flow  of  gas,  and  the  lights  went  out;  by  drawing  out  the  same  quantity  of  water,  the  lights 
burnt  freely  again. 


EVIDENCE  FOR  THE  DEFENDANT. 


29 


tra  hours  of  gas.  Use  no  globes ;  the  use  of  globes  would 
make  a  difference  and  not  a  difference  in  the  consumption  of 
gas,  I  should  think  —  for  the  same  quantity  of  gas  in  a  globe 
will  not  give  as  much  light  as  in  a  plain  glass,  and  it  is  nec¬ 
essary  to  use  twenty  per  cent,  more  gas  to  give  the  same 
light.  I  have  used  both  kinds  of  glasses,  and  never  noticed 
that  the  globe  had  any  tendency  to  create  a  larger  draft. 

Cross  Examined.  I  keep  the  Whig  Reading  Room,  in 
Washington  street.  Sometimes  the  lights  are  put  out  before 
the  time  ordered.  My  directions  to  the  porter  are  to  put 
them  out  when  the  nine  o’clock  bell  is  done  ringing.  Am 
always  at  the  room  on  Sunday  nights  at  nine  o’clock,  and 
rather  more  than  half  the  time  on  other  nights,  when  the 
lights  are  put  out.  Can  swear  that  they  are  out  at  nine 
when  I  am  there,  but  am  not  so  certain  about  other  times. 
This  bill  does  not  exactly  correspond  with  bill  of  the  year 
before,  owing  to  some  extra  care  having  been  taken  to  have 
the  gas  bill  smaller.  A  great  deal  of  gas  is  necessarily  con¬ 
sumed  in  the  room,  in  order  to  enable  people  to  read  in  all 
parts  of  it.  My  orders  are  to  keep  the  flame  up  two  thirds  of 
the  way  to  the  top  of  the  tallest  glasses.  It  makes  a  great 
difference  in  the  amount  of  gas  consumed  whether  the  flame 
is  raised  an  inch  or  two  higher  or  not.  I  use  the  tall  glasses, 
and  should  think  we  burn  the  flame  five  and  a  half  inches 
high  when  we  want  the  most  light.  I  always  supposed  that 
burning  it  two  thirds  of  the  way  to  the  top  of  the  tallest 
glass  was  the  most  economical.  We  are  obliged  to  have  the 
gas  regulated  two  or  three  times  in  the  com’se  of  an  evening, 
according  to  the  pressure,  which  becomes  greater  as  the 
shops  are  shut  up.  Have  seen  the  flame  streaming  up  and 
smoking,  two  or  three  inches  above  the  top  of  the  small 
glasses. 

I  have  been  a  merchant  before  I  took  charge  of  the  reading 
room,  and  a  gas  consumer,  but  I  was  seldom  at  my  store  in 
the  evening,  and  scarcely  knew  any  thing  about  the  quantity 
consumed  then.  I  have  no  doubt  that  the  amount  burned 
depends  on  the  care  taken  to  regulate  it. 

To  Mr.  Chase.  I  have  a  porter  at  the  room,  and  gave 
him  directions  to  close  at  nine  o’clock  and  extinguish  all  the 
gas.  From  my  own  knowledge  he  complied  with  my  orders 
half  or  three  quarters  of  the  time.  The  bill  from  January  1, 
1848,  to  April  1,  1848.  was  $52.85. 

Cross  Examination  resumed.  The  last  bill  is  smaller 
than  the  other,  as  more  care  was  taken,  and  I  think  two 
burners  less  were  used.  I  know  that  we  used  one  burner  less. 

3* 


30 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


To  Chase.  Have  had  two  porters  at  two  different  times, 
and  gave  the  same  instructions  to  each.  So  far  as  I  observed 
they  obeyed  my  instructions.  It  is  a  very  common  thing  for 
the  establishment  to  be  left  for  a  short  time  with  neither 
myself  nor  the  porter  present.  Believe  there  is  some  differ¬ 
ence  in  the  length  of  the  days  in  March  and  October,  they 
being  shorter  in  March. 

James  H.  Wheeler.  Used  gas  for  five  or  six  years.  Keep 
at  No.  6  and  8  Central  street.  Had  bills  presented  while 
there.  Bril  from  April  1  to  July  1,  1846,  has  not  been  paid ; 
it  was  made  out  to  J.  H.  Wheeler  &  Co. 

At  this  stage  of  the  evidence  witness  was  proceeding  to 
state  that  the  bill  was  for  gas  which  he  never  had,  as  he  did 
not  burn  any  in  the  store.  He  was  stopped  by  Mr.  "Whiting, 
with  the  remark  that  if  he  could  produce  any  bill  for  a  time 
when  he  did  not  use  any  gas,  and  would  make  the  fact  ap¬ 
parent,  he,  Mr.  "VUlriting,  was  authorized  to  give  him  a  check 
for  $500.  The  Company  had  heard  of  such  statements  be¬ 
fore,  and  had  offered  a  reward  of  $500,  to  any  one  who 
would  prove,  or  even  make  his  own  oath  to  such  a  fact. 
The  Court  decided  that  Mr.  Wheeler’s  statement  of  the  con¬ 
tents  of  a  bill  was  not  evidence,  so  long  as  the  bill  was  in 
existence,  and  could  be  found.  Mr.  Wheeler  left  the  stand 
to  go  to  his  store  for  the  bill,  but  did  not  return  to  complete 
his  testimony. 

Geoi'ge  F.  Johnson.  Have  used  gas  at  No.  25  Bromfield 
street,  about  one  year  and  three  months.  Am  a  fish  dealer. 
Use  one  burner  every  night  till  eight  o’clock,  and  sometimes 
till  nine.  On  Saturday  evenings  use  three  burners.  For 
the  first  quarter  used  on  three  Saturday  evenings  fonr  burners. 
Bills  average  from  $7.00  to  $13.00  per  quarter.  On  Satur¬ 
day  evening  keep  open  on  an  average  till  ten  o’clock.  Think 
the  last  bill  was  $11.00,  but  am  not  positive. 

Willia77i  C.  Uihha7'd.  Am  an  engineer  ;  my  business  has 
been  connected  with  steam  engineering  for  eight  years  past. 
Have  seen  meters  of  the  Oas  Company,  bnt  never  examined 
one  till  yesterday,  when  I  examined  the  models  in  Court. 

To  Whiting.  Have  never  been  through  any  college. 
Have  been  educated  at  a  high  school  and  a  country  acade¬ 
my.  Have  had  a  practical  education.  Am  a  draughtsman, 
and  was  till  within  a  year  or  two  with  Otis  Tufts.  Have  been 
for  many  years  a  draughtsman  of  steam  machinery,  and  have 
superintended  the  construction  of  machinery.  Was  brought 
up  in  a  machine  shop  and  worked  on  machinery.  A  yeai- 


EVIDENCE  FOR  THE  DEFENDANT. 


31 


ago  last  summer  I  devoted  my  time  to  getting  up  and  pre¬ 
paring  a  new  series  of  machines  for  hemp  spinning,  and  last 
year  was  engaged  in  manufacturing  machinery  for  the  Mar¬ 
blehead  Cordage  Factory.  Have  also  devoted  some  time  to 
drawing  specifications  for  patents,  and  making  drawings  of 
machinery.  Believe  myself  competent  to  give  certain  rea¬ 
sons  and  opinions  relative  to  gas,  and  the  operations  of  gas 
machinery.  Think  myself  competent  to  instruct  others,  from 
my  knowledge  as  a  mechanic  and  machinist.  The  principal 
operations  can  easily  be  seen  by  a  mechanic.  My  knowl¬ 
edge  is  scientific  on  this  subject  and  not  practical. 

Mr.  W kiting,  without  expressing  any  opinion,  called  upon 
the  Court  to  decide  whether  the  witness  was  competent  to 
give  evidence  in  this  case. 

The  Court  ruled  that  he  should  be  allowed  to  proceed. 

Examination  resumed.  A  gas  meter,  if  in  order,  can  be 
made  a  just  measure  of  capacity.  But  gas  is  dense  in  pro¬ 
portion  to  the  pressure  ;  a  just  meter  will  measure  a  foot  of 
dense  as  well  as  a  foot  of  rare  gas.  To  make  a  meter  a  just 
measure,  it  is  necessary  that  the  pressure  on  the  gas  as  it 
passes  through  the  meter  should  always  be  the  same.  Gas 
when  sold  is  supposed  to  be  of  a  certain  density,  and  in  pro¬ 
portion  to  its  density,  is  its  illuminating  power.  A  given 
quantity  of  rare  gas  will  produce  a  given  quantity  of  light. 
A  meter  will  register  equally  well  the  rare  gas  if  the  pressure 
is  sufficient  to  turn  it.  In  case  the  pipe  leading  from  the 
main  pipe  to  the  building  is  not  large  enough  for  the  burner, 
a  certain  amount  of  the  initial  force  of  the  gas  as  it  leaves 
the  gas  house  is  consumed  in  friction  as  it  passes  through  the 
pipes,  and  that  friction  is  inversely  in  proportion  with  the 
quantity  passed  through,  and  the  rapidity  of  circulation. 
The  result  would  be  that  a  meter  consuming  out  of  the  main 
near  the  gas  house,  would  indicate  a  greater  degree  of  den¬ 
sity  and  the  consumption  of  more  gas  than  one  at  a  more  re¬ 
mote  point.  And  if  the  gas  main  is  too  small  for  a  proper 
communication  with  the  meter,  that  is,  if  the  current  must 
have  greater  rapidity,  the  difference  between  the  initial  and 
terminal  points  will  be  considerable.  If  the  gas  be  more 
dense,  a  cubic  foot  contains  a  greater  quantity,  that  is,  of  illu¬ 
minating  power.  A  cubic  foot  does  not  necessarily  indicate 
any  thing  but  the  pressure.  The  meter  registers  the  same 
number  of  feet  whether  the  gas  be  rare  or  dense,  but  the  dif¬ 
ference  is  in  the  illuminating  power.  Consumers  at  the  most 
remote  points  would  pay  more  for  gas  than  those  near  to 
the  gas  house,  because  they  would  take  it  at  a  lower  pressure, 
and  the  friction  has  affected  it. 


32 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


There  is  a  difference  in  the  illuminating  power  in  different 
gases.  Rosin  gas  has  much  more  illuminating  power  than 
coal  gas,  though  it  would  register  the  same  number  of  feet 
under  the  same  pressure.  I  don’t  consider  that  globes  have 
any  influence  upon  the  consumption  of  gas,  only  on  the  de¬ 
gree  of  illumination,  having  a  tendency  to  obstruct  the  light. 

Cross  Examination.  The  gas  used  by  the  Gas  Company 
I  suppose  to  be  made  of  coal  and  rosin  ;  (45  parts  carburetted 
hydrogen,  and  55  parts  of  pure  hydrogen.)  Suppose  the 
street  mains  are  large  enough  to  pass  all,  and  more  than  all 
that  is  used  at  all  times.  There  must  be  some  appreciable 
difference  in  density,  about  equal  to  half  an  inch  of  water. 
If  there  were  two  gasometers  or  gas-holders,  one  at  each  end 
of  the  City,  as  in  Boston,  the  points  of  greatest  density 
would  be  at  each  end,  and  the  lowest  would  be  in  the  centre. 
Am  not  able  to  tell  from  actual  experiment  the  different  press¬ 
ure  at  different  points,  in  the  mains  of  this  Company.  I 
speak  only  on  scientific  principles,  and  not  from  practical 
knowledge. 

I  don’t  recollect  the  actual  weight  of  a  cubic  foot  of  car¬ 
buretted  hydrogen  gas.  The  difference  between  one  inch 
pressure  and  one  and  a  half  inch  is  appreciable  according  to 
the  law  of  gases.  Gas  cannot  be  burnt  at  atmospheric 
pressure  only;  hydrostatic  pressure  must  be  put  on  to  it,  to 
make  it  flow.  The  specific  gravity  of  gas  is  forty-five  to  fifty 
hundredths  of  atmospheric  air.  There  are  other  kinds  of  me¬ 
ters  mentioned  in  the  hooks,  but  I  don’t  know  any  other 
practically  than  the  water  meter.  Water  is  compressible 
theoretically,  and  may  be  measured  at  different  densities 
without  difficulty.  All  measures  are  necessarily  subject  in 
some  degree  to’ imperfections.  Wood  will  always  contract 
from  greenness  to  seasoning  a  quarter  of  an  inch  in  a  foot. 
Iron  or  tin  will  contract  from  thirty-two  to  two  hundred  and 
twelve  degrees  of  heat,  one  sixty-fourth  of  an  inch  in  a  foot. 
All  measures  are  imperfect  in  fact.  If  measures  are  sealed 
exactly  to  begin  with,  they  will  become  imperfect  by  use, 
by  indentations  and  by  attachment  of  extraneous  matters, 
such  as  dirt,  &c. ;  but  in  general  the  differences  from  these 
slight  causes  are  not  considered  of  any  practical  importance. 
Practical  accuracy  is  relatively  important  according  to  the 
value  of  the  article  measured. 

To  Chase.  If  a  flame  three  inches  high  is  turned  down 
half  an  inch,  I  should  not  think  that  the  recoil  would  operate 
on  the  meter  like  back  water  on  a  water-wheel ;  should  think 
it  would  not  make  any  appreciable  difference.  If  the  posi- 


EVIDENCE  FOR  THE  DEFENDANT. 


33 


tion  of  the  meter  as  to  its  level  is  changed  it  varies  the  wa¬ 
ter  line,  and  of  course  varies  the  quantity  of  gas  which 
passes.  It  is  necessary  that  the  meter  should  be  level. 

Cross  Examination  resumed.  If  the  water  in  the  meter 
goes  otf  or  evaporates  and  is  diminished,  the  consumer  gets 
more  gas  than  is  registered  and  more  than  he  pays  for. 
Provided  the  quantity  of  water  remains  the  same,  and  the 
shelf  on  which  the  meter  stands  is  canted  one  eighth  of  an 
inch,  it  shows  no  material  difference  in  the  quantity  of  gas 
used,  if  it  does  not  alter  the  mean  water  level.  If  the  meter 
is  canted  one  way  the  error  will  be  in  favor  of  the  Company, 
if  any,  and  if  canted  the  other  way  it  will  be  in  favor  of  the 
consumer,  if  any,  but  the  amount  of  error  in  favor  of  the 
Company  is  much  less  than  that  in  favor  of  the  consumer. 

Ira  P.  Beecher.  Am  a  machinist,  and  have  been  ever 
since  I  was  large  enough  to  work.  Am  now  at  South  Bos¬ 
ton,  engaged  with  the  Sylvie  Gas  Company.  Examined 
these  meters  yesterday.  Am  not  practically  acquainted  with 
the  Philadelphia  meters,  but  have  examined  plans  and  draw¬ 
ings  of  them.  Have  worked  as  a  machinist  in  Philadelphia 
four  years.  Was  not  engaged  with  any  Gas  Company  there. 
Have  examined  the  machines  on  the  table.  Have  put  up 
apparatus  for  sylvic  gas  in  Virginia,  and  one  at  the  Astor 
House,  which  is  now  in  operation.  Never  worked  on  meters, 
but  have  made  it  my  business  to  inquire  into  their  construc¬ 
tion.  Never  put  up  fixtures,  but  have  put  up  works  for  gen¬ 
erating  gas.  Have  seen  a  meter  taken  to  pieces  in  our  shop, 
but  not  one  of  the  meters  of  the  Boston  Gas  Company. 
Feel  competent  to  give  judgment  as  to  the  acciuacy  of  a  gas 
meter.  There  is  an  inherent  inaccuracy  in  every  meter  that 
is  made  on  account  of  the  difference  in  the  pressme  of  the 
atmospheric  air.  It  is  not  possible  for  a  meter  to  be  made 
that  will  be  a  perfectly  accurate  test ;  they  will  not  indicate 
the  different  densities  at  which  gas  passes  through  them ; 
there  is  no  other  cause  of  inaccuracy  than  the  pressure  so 
long  as  a  meter  is  in  order.  A  meter  indicates  the  same 
amount  of  gas,  under  a  pressure  of  one  or  four  inches,  though 
a  greater  amount  should  be  passed,  on  account  of  its  being 
more  dense.  Could  show  to  the  jury  by  the  machine  that  a 
difference  in  pressure  would  make  no  difference  in  the  regis¬ 
tration. 

Cross  Examined.  The  meter  is  the  only  measure  of  gas 
known,  and  in  common  use.  We  put  them  in  for  sylvic 
gas  when  people  wish  us  to  do  it.  The  most  perfect  mode 
of  distributing  gas  at  an  equal  pressure,  is  by  a  gasometer 
at  both  ends  of  the  city.  If  the  mains  axe  large  enough, 


34 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


and  there  is  a  gasometer  at  both  ends,  there  will  be  no  ma¬ 
terial  difference  in  the  pressure  at  different  points  on  the  line. 

George  F.  Johnson,  recalled.  Have  found  one  of  my 
bills.  It  is  from  January  1,  1847,  to  April  1,  1847,  for  2150 
feet  of  gas,  $7.35.  Am  not  certain  that  my  bills  might  not 
be  less  than  $13.00  at  the  largest,  in  a  quarter.  During  this 
quarter  (from  January  to  April,  1847)  burnt  one  burner  every 
evening,  and  three  on  Saturdays.  We  light  up  at  dark,  and 
burn  generally  till  about  eight  o’clock,  perhaps  till  half-past 
eight,  and  on  Saturdays  till  half-past  ten  on  an  average.  Use 
the  ordinary  argand  burner. 

Jesse  Bradshaw.  Have  used  gas  for  parts  of  about  eight 
years,  at  No.  9  Marshall  Street.  Usually  had  five  burners  in 
use  in  the  upper  shop,  and  two  in  the  lower  apartment.  Used 
the  round  (Argand)  burners.  The  bill  from  October  1,  1843, 
to  January  1,  1844,  was  for  7,800  feet,  $39.00;  it  is  not 
paid  ;  have  not  been  sued  on  it ;  used  during  this  period,  five 
burners  in  upper  shop,  and  one  below,  not  over  a  fortnight 
in  that  quarter.  Can’t  tell  exactly  how  many  hours  I  burnt 
the  gas;  commenced  generally  about  dark  —  at  five  o’clock, 
and  shut  up  about  nine,  except  on  Saturdays,  during  the 
first  half  of  the  quarter,  and  at  half-past  eight  the  other  half; 
on  Saturdays,  closed  about  ten  o’clock.  The  bill  from  Oc¬ 
tober,  1841,  to  January,  1842,  was  for  7,200  feet,  $36.50, 
at  five  mills  a  foot ;  during  that  period  used  five  burners  up 
stairs,  and  two  below ;  a  man  worked  down  below  all  that 
quarter  as  much  as  four  nights  a  week  ;  can’t  recollect  how 
many  hours ;  one  half  the  quarter  kept  open  till  about  ten 
o’clock,  and  the  other  half  till  nine ;  on  Saturdays,  always 
kept  open  till  ten  o’clock.  Don’t  now  take  gas  of  the  Com¬ 
pany. 

Cross  Examined.  Think  I  was  not  absent  at  the  closing 
of  the  shop,  more  than  two  or  three  evenings  in  the  quar¬ 
ter  in  1842.  The  other  quarter  was  there  every  night,  and 
always  was  the  last  man  there,  and  very  particular.  My  bus¬ 
iness  is  to  make  and  sell  confectionery ;  work  down  cellar 
and  used  gas  when  necessary.  Have  had  a  difficulty  with 
the  Company.  Don’t  know  that  they  shut  off  the  gas. 
Don’t  know  why  the  meter  was  removed ;  it  was  kept  in 
another  cellar;  it  was  thought  best  by  Mr.  Darracott,  about 
two  years  before  that,  to  remove  it  from  my  cellar  for  some 
reason.  There  has  not,  to  my  knowledge,  been  trouble  all 
along  with  the  Gas  Company. 

To  Chase.  Believe  Mr.  Davis  presented  both  these  bills. 

James  S.  Byrnes.  Have  used  gas  made  by  the  Gas  Com- 


EVIDENCE  FOR  THE  DEFENDANT. 


35 


pany,  from  November,  1847,  until  now.  From  November 
20th,  to  January,  1848,  my  bill  was  for  4,200  feet  of  gas, 
$14.70 ;  used  seven  burners  of  the  flat  kind  ;  commenced  at 
the  usual  lighting  time,  and  always  kept  open  till  twelve  ; 
generally  lighted  up  about  six  o’clock.  The  bill  from  April 
to  June,  1848,  was  for  6,400  feet  $22.40  ;  average  six  burn¬ 
ers  ;  kept  open  till  twelve  o’clock  ;  commenced  at  lighting 
time ;  average  use  of  gas,  from  five  to  five  and  a  half  hours. 
The  bill  from  January  1,  to  February,  1848,  was  for  3,400 
feet,  $11.90;  used  six  burners  on  an  average  ;  had  more  than 
were  used  ;  perhaps  the  average  use  was  seven  hours  and  a 
half,  but  cannot  tell  exactly  ;  commonly  lighted  up  at  the 
usual  lighting  time,  and  always  kept  open  till  twelve,  some¬ 
times  till  one  o’clock,  and  sometimes  a  little  later.  The  bill 
from  March  to  April,  1848,  was  for  4,800  feet,  $16.80  ;  used 
between  five  and  six  burners,  averaging  five  and  a  half,  as  I 
sometimes  used  five,  and  sometimes  six  ;  used  the  gas  from 
five,  to  five  and  a  half  hours.  Shut  up  at  different  times,  all 
the  way  from  twelve,  to  half-past  one  o’clock,  as  occasion 
called ;  commenced  at  the  usual  lighting  time ;  always  re¬ 
mained  to  see  the  lights  put  out,  unless  I  was  sick.  Have 
never  seen  the  inside  of  a  meter,  till  I  saw  this  in  the  Court 
room.  Have  examined  the  level  of  several  meters  in  differ¬ 
ent  parts  of  the  city,  at  the  request  of  Mr.  Gault ;  did  it 
yesterday.  The  following  is  the  result  of  my  examination : — 

At  the  Adelphi  Theatre,  I  found  two  meters  fixed  on  sep¬ 
arate  planks  ;  the  first  and  smallest  was  over  the  ticket  of¬ 
fice  in  the  second  story ;  it  was  from  two  eighths  to  three 
eighths  of  an  inch  out  of  horizontal ;  I  used  a  spirit  level  ; 
it  pitched  from  the  screw,  and  one  eighth  of  an  inch  towards 
the  index,  or  forward  from  the  wall.  The  second  meter 
pitched  a  large  three  eighths  of  an  inch  the  other  way  from 
the  horizontal ;  it  was  so  near  perpendicular  that  I  called  it 
straight. 

I  then  went  to  the  Howard  Athenseum,  where  I  found 
three  large  meters,  all,  I  should  think,  of  a  size,  and  four  or 
five  times  as  large  as  that  on  the  table  ;  they  were  perfectly 
level  on  the  platform,  and  I  could  not  see  that  they  varied  a 
hair. 

At  No.  9  Howard  Street,  I  found  a  meter  which  was  cant¬ 
ing  two  eighths  to  three  eighths  of  an  inch  from  the  hori¬ 
zontal,  from  the  screw,  and  pitched  about  one  eighth  of  an 
inch  from  the  perpendicular  —  in  towards  the  wall,  or  back¬ 
wards. 

I  then  went  to  No.  45  Washington  Street,  and  found  that 
meter  level  both  ways. 


36 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


I  then  went  to  IVIr.  Gault’s  store,  and  found  the  platform 
shelf  was  loose  from  the  wall  on  the  bottom  side  ;  the  shelf 
is  hung  on  two  brackets  ;  the  shelf  pitched  a  little  towards 
the  wall ;  it  was  in  Mr.  Ross’s  cellar,  under  Gault’s  store  ; 
there  is  another  meter  there. 

At  No.  30  Washington  Street,  there  are  two  meters  ;  one 
was  perfectly  level,  and  the  other  was  a  large  three  eighths 
of  an  inch,  out  of  horizontal  (side),  but  was  about  correct  in 
other  respects. 

At  the  Boston  Museum,  there  are  four  meters ;  three  are 
on  one  platform  under  the  stage  ;  two  of  these  had  three 
eighths  of  an  inch  pitch  from  the  screw  (sideways),  and  the 
other  half  an  inch  towards  the  screw ;  I  forgot  to  try  the 
vertical  pitch  of  these  three.  The  fourth  meter  was  in  a 
little  closet  in  the  office ;  I  put  the  level  on  as  well  as  I  could, 
but  it  ■vvas  too  long  for  me  to  be  exact  in  measuring  ;  as  near 
as  I  could  ascertain,  this  meter  pitched  three  eighths  of  an 
inch  side-ways,  from  the  screw. 

The  meter  in  the  Court  House  I  found  level  every  way. 

I  am  acquainted,  somewhat,  with  the  operation  of  back 
water  on  a  water-wheel ;  it  tends  to  take  more  water  to 
caiTy  the  wheel  round  the  same  number  of  revolutions. 
Have  had  nothing  to  do  with  gas  works.  Should  think 
that  the  recoil  of  gas  does  have  an  effect  on  the  revolution 
of  the  wheel  in  the  meter  similar  to  that  of  back  water  on 
a  water  wheel.  WTien  gas  is  passed  in  under  a  heavy  press¬ 
ure  sufficient  to  fill  the  meter,  the  throwing  in  of  more, 
would  be  likely  to  stop  the  buckets,  so  that  the  index  would 
not  turn.  The  operation  of  back  gas  would  not  put  the  in¬ 
dex  of  the  register  back. 

James  T.  Johnson.  Have  used  gas  for  twelve  years. 
Keep  at  No.  56  Hanover  Street.  Used  to  burn  six  burners, 
but  within  a  year  have  burnt  five.  I  never  had  a  bill  smaller 
than  ten  dollars.  The  bills  vary,  and  are  sometimes  small 
and  sometimes  large.  The  meter  has  stopped  sometimes, 
and  they  could  not  tell  how  much  I  used,  and  had  to  guess 
at  it ;  it  was  a  year  ago ;  it  stopped  twice ;  don’t  recollect 
which  quarter  it  was  ;  the  first  time  was  about  this  time  of 
the  year ;  a  man  came  and  took  the  meter  away,  and  the 
collector  said  he  would  average  my  bill  by  other  months,  and 
if  I  was  not  satisfied,  I  need  not  pay  any  thing.  I  pay  my 
bills  once  a  month.  Six  or  eight  months  ago  it  stopped 
again ;  an  estimated  bill  was  brought  in,  although  the  meter 
had  not  told  any  thing  ;  I  had  used  the  gas.  The  man  took 
the  meter  away,  and  put  in  another.  I  used  gas  from  dark 
to  twelve  o’clock. 


EVIDENCE  FOR  THE  DEFENDANT. 


37 


Samuel  Skimmins.  My  business  is  that  of  a  clothes  cut¬ 
ter.  Was  with  Mr.  Gault  two  years  and  eight  months,  in 
School  Street.  Am  not  now  with  him.  The  bill  from  Oc¬ 
tober,  1844,  to  January,  1845,  was  for  2,400  feet,  $9.60. 
We  used  three  burners,  of  the  common  Argand  pattern.  We 
lighted  up  about  five  o’clock,  and  closed  about  half-past  nine 
or  ten  o’clock.  The  bill  from  October,  1845,  to  January, 
1846,  was  for  2,400  feet,  $9.60,  the  same  as  the  other;  was 
then  in  the  employ  of  the  defendant ;  we  used  the  same 
number  of  burners,  lighted  up  about  five,  and  closed  about 
half-past  nine  or  ten  o’clock.  The  boy  closed  a  part  of  the 
time,  and  I  a  part  of  the  time.  I  was  present,  generally, 
when  the  shop  closed.  The  bill  from  April  to  July,  1845, 
was,  for  800  feet,  $3,20  ;  we  had  the  same  number  of  burn¬ 
ers  :  lighted  up  about  half-past  six  o’clock,  or  when  it  was  too 
dark  to  see  to  cut  patterns,  and  shut  up  at  nine  to  half-past 
nine  o’clock. 

Cross  Examined.  Suppose  we  generally  lighted  up  about 
half-past  six,  as  soon  as  it  was  so  dark  we  could  not  see  to 
cut  —  suppose  it  was  about  sunset ;  it  is  a  matter  of  some 
uncertainty  as  to  the  time  we  lighted  up.  Don’t  know  how 
long  is  the  longest  day  in  the  year.  Don’t  know  when  is  the 
longest  day  in  the  year,  but  suppose  it  to  be  about  the  latter 
part  of  June.  The  shop  was  darker  than  other  shops.  If  the 
day  ended  at  eight  o’clock,  we  lighted  up  at  half-past  seven. 
I  left  Gault  in  the  fall  of  1846.  Have  had  no  conversation 
with  him  about  this  matter. 

Otis  Foster.  Have  been  in  Gault’s  employ  two  years  ; 
am  a  cutter  ;  have  been  with  him  in  Washington  Street. 
The  bill  from  October,  1846,  to  January,  1847,  is,  for  6700 
feet,  $26.80.  I  was  with  Gault  at  that  time.  I  paid  that 
bill  at  his  request ;  he  was  sick  a-bed ;  paid  it  at  the  Com¬ 
pany’s  office,  and  stated  at  the  time  that  Mr.  Gault  thought 
it  was  out  of  the  way,  and  asked  if  any  deduction  could  be 
made  ;  was  told  that  there  could  not  be  ;  something  else 
might  have  been  said,  but  I  don’t  recollect ;  I  said  this  at 
Gault’s  request.  We  had  six  burners  during  that  time  with 
globes  ;  we  lighted  up  from  half-past  four  to  five  o’clock,  and 
kept  open  till  ten  to  half-past  ten  ;  all  the  burners  were  in 
use.  I  was  in  Gault’s  employ  last  fall  from  October  to  Jan¬ 
uary  ;  Ave  used  then  from  three  to  four  burners,  not  over 
four — the  same  burners  as  the  previous  year,  but  without 
globes  ;  we  use  more  gas  with  globes  than  without  ;  am 
obliged  to  turn  the  stop  cock  up  higher.  Lighted  up  about 
half-past  four  to  five,  and  kept  open  till  about  half-past  eight. 
Was  in  the  shop  every  evening  Avhen  it  was  closed,  and 

4 


38 


BOSTON  GAS  LIGHT  COMPANT  VS.  WM.  GAULT. 


when  it  was  lighted  up.  It  was  not  the  custom  or  practice  for 
any  one  to  go  into  the  store  after  it  was  closed  for  the 
night.  There  were  six  burners  in  the  store,  and  I  think 
that  they  were  never  all  lighted  at  one  time.  We  sometimes 
lighted  three  and  sometimes  four.  We  had  two  in  the  win¬ 
dow,  two  in  the  centre,  and  two  at  the  back  of  the  shop. 
Sometimes  we  lighted  none  at  the  back  end.  When  business 
required  a  light  in  the  cutting  room,  we  lighted  a  fourth, 
but  it  was  not  a  common  thing  last  fall.  Did  not  light  up 
a  fourth  except  for  the  purpose  of  cutting.  We-  had  a  ne¬ 
cessity  for  lighting  the  fourth  perhaps  half  or  three  quarters 
of  the  time :  did  not  light  it  at  the  same  time  with  the  oth¬ 
ers.  It  was  my  duty  to  light  and  take  care  of  the  gas.  I 
acted  under  instructions ;  my  custom  was  to  keep  the  flame 
up  half  way  to  the  top  of  the  chimney.  My  particular  at¬ 
tention  was  called  to  the  gas  this  quarter,  on  account  of  last 
year’s  bill,  and  the  fault  found  with  it.  There  Avas  not  so 
much  gas  burned  last  year,  as  the  year  before,  and  the 
height  of  the  flame  Avas  not  kept  so  great.  My  attention 
Avas  directed  to  it  by  Mi’.  Gault,  and  I  took  particular  pains 
to  economize,  and  to  see  hoAv  much  gas  Aims  used.  Don’t 
recollect  any  instance  before  that  time  that  I  had  any  partic¬ 
ular  instructions.  Globes  Avere  used  in  the  front  AvindoAv  as 
the  year  before,  but  all  the  others  Avere  taken  olf ;  four  only 
Avere  taken  olf. 

Cross  Examined.  Don’t  recollect  any  thing  about  a  dif¬ 
ficulty  in  the  fall  of  1846,  Avith  the  burners  in  the  front 
AvindoAV.  Will  SAvear  they  Avere  used  in  that  quarter.  At 
first  they  AV'^ere  placed  so  far  front  as  to  be  in  danger  of  set¬ 
ting  the  goods  on  fire,  and  they  Avere  moA^ed  back  ;  I  can’t 
tell  Avhich  fall  it  Avas.  They  stood  so  near  the  AvindoAv  that 
they  could  not  be  used,  for  three  or  four  months  after  Ave 
moved  in,  before  they  Avere  moA'ed.  I  think  AA’-e  moved  in 
about  the  last  of  September,  1846.  Have  heard  Mr.  Gault 
say  that  they  Avere  so  near  the  AvindoAV  they  might  set  the 
goods  on  fire.  He  did  use  them.  They  Avere  afterAvards  set 
back  four  to  six  inches.  Was  then  learning  my  trade  —  serv¬ 
ing  my  time  as  a  tailor.  Am  still  in  Gault’s  employ.  IlaA^e 
heard  from  time  to  time  of  this  difficulty  Avith  the  Gas  Com¬ 
pany,  but  not  lately.  Have  had  no  talk  of  any  consequence 
about  it  since  this  suit  commenced.  What  little  has  been 
said  about  it  Avas  a  AA^'eek  or  tAvo  ago  ;  perhaps  half  a  dozen 
times  Ave  have  talked  about  it.  Mr.  Gault  has  sjioken  to  me, 
or  I  to  him,  I  presume,  a  feAV  times ;  can’t  say  how  many. 
During  the  last  Aveek  he  might  have  said  something  in  the 
shop  about  it,  but  not  Avithin  the  last  three  days.  He  made 


EVIDENCE  FOR  THE  DEFENDANT. 


39 


no  very  great  talk  to  me,  nor  I  to  him.  Before  this  time 
till  within  a  week,  he  never  talked  about  it.  Have  seen  him 
every  day,  perhaps  not  more  than  ten  minutes  at  a  time. 

In  the  fall  of  1847,  Gault  had  myself  and  a  small  boy  in 
his  employ.  The  boy’s  business  was  to  run  on  errands ; 
he  swept  out  sometimes  in  the  morning.  I  sometimes  swept 
out.  Boy  swept  out  at  seven  o’clock  sometimes,  and  at  six 
o’clock,  and  sometimes  at  half-past  seven.  I  was  always 
there  when  the  store  was  opened.  There  was  but  one  key, 
and  the  boy  did  not  have  one.  We  never  lighted  gas  in  the 
morning.  Don’t  know  that  Gault  had  a  key.  I  locked  up 
and  carried  the  key  to  his  house.  If  he  had  pleased,  he 
could  have  gone  back  to  the  store  after  I  locked  up,  some¬ 
times.  I  boarded  in  his  family,  and  do  now.  I  eat  at  his 
table,  and  sleep  in  his  house.  I  pay  my  board.  In  the  fall 
of  1846,  I  don’t  think  we  had  more  gas  than  was  needed  to 
light  the  store.  Last  fall  we  used  no  more  than  we  wanted, 
and  used  all  we  wanted.  Mr.  Gault  did  more  business  in 

1846,  than  in  1847.  Had  not  so  much  cutting  to  do  in 

1847,  as  in  1846,  and  did  not  need  so  much  light.  We  had 
light  enough  both  quarters.  In  the  fall  of  1846,  ending 
January,  1847,  there  was  a  press  of  business,  and  we  stayed 
as  late  as  eleven  o’clock.  When  I  stated  to  the  Jury  that  we 
closed  at  ten,  I  meant  ten  as  the  average.  We  never  kept 
open  later  than  eleven  ;  it  always  depended  on  what  we  had 
to  do.  In  1846,  Gault  had  more  hands  than  in  1847.  There 
was  less  work  for  two  hands,  in  1847,  than  for  three  in  1846. 
There  was  no  sewing  done  in  the  shop.  The  shop  was  for 
cutting  and  selling  only.  The  cutting  hoard  was  in  the 
back  part  of  the  shop,  and  we  had  to  light  the  gas  to  cut 
by.  I  used  to  stay  till  the  work  was  done,  say  till  half-past 
nine,  or  eleven.  Never  took  any  memorandum  of  the  num¬ 
ber  of  hours  we  burned  gas  lights.  Never  examined  the  me¬ 
ter.  Never  knew  of  Gault’s  going  to  the  meter,  or  saying 
any  thing  about  it.  Am  not  connected  with  Gault  in  busi¬ 
ness’;  only  an  apprentice.  Have  had  conversation  with  Gault 
on  the  subject  of  gas,  but  not  about  this  bill  before  this  week  ; 
can’t  say  how  many  times  we  have  talked  about  it. 

To  Chase.  Understood  that  the  meter  was  in  the  cellar 
of  the  next  shop.  There  is  no  entrance  to  it  from  Gault’s 
shop.  There  is  no  entrance  to  it  that  I  know  of,  except 
through  Mr.  Ross’s,  I  believe  that  this  quarter,  some  one 
came  once  to  examine  the  meter,  and  went  round  through 
our  back  shop  into  Ross’s. 

James  T.  Johnson.  My  bill  from  February  1,  1847,  to 


40 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


March,  was,  for  3000  feet.  The  clerk  told  me  that  if  I  was 
not  satisfied,  I  might  pay  just  Avhat  I  was  a  mind  to  pay. 
No  other  bill  was  presented  at  this  time,  and  I  don’t  recol¬ 
lect  any  other  conversation.  I  was  not  satisfied,  because  I 
went  down  and  saw  the  meter,  and  saw  that  the  Register 
had  not  moved.  When  the  man  from  the  Gas  Works  saw 
that  the  meter  had  not  moved  any,  he  said  he  would  aver¬ 
age  my  bill  for  the  last  month,  and  I  agreed  that  he  should. 
He  said  that  if  I  was  not  satisfied,  I  need  not  pay  any  thing. 

Wednesday,  August  2. 

James  S.  Byrnes.  When  I  examined  the  meters  to  try 
their  level,  I  tried  the  screws  and  took  them  off ;  with  one 
exception,  the  water  rushed  out ;  I  tried  both  ways,  by  shut¬ 
ting  otf  the  gas,  and  by  leaving  it  on ;  from  some,  the  wa¬ 
ter  streamed  out  a  foot,  particularly  those  at  the  Adelphi, 
and  at  the  Museum.  Others  varied.  When  a  meter  is  tip¬ 
ped  from  the  serew  so  that  the  water  would  gush  out,  if  the 
screw  should  be  loosened,  think  that  the  register  could  not 
indicate  correctly,  but  don’t  know  how  it  would  be. 

Cross  Exammed.  I  tried  the  level  of  the  meters  by  the 
upper  edge,  and  underneath  the  shelf  or  box  where  I  could, 
but  I  could  not  place  my  level  on  the  top  in  all  cases.  I 
took  the  water  screw  olf  of  most  of  them  —  one  screw  from 
every  meter.  Took  out  the  under  serew  at  the  Adelphi,  as 
well  as  the  side  screw,  but  only  one  at  a  time.  As  soon  as 
the  water  began  to  run,  I  put  the  screw  on  again. 

The  evidence  for  the  defence  being  all  in,  Mr.  Whiting 
called  witnesses  to  rebut  it,  viz. :  — 

John  H.  Blake.  Reside  in  Dedham.  Am  a  chemist,  and 
have  been  familiar  with  the  manufacture  of  gas  for  many 
years ;  have  manufactured  it  extensively  in  Boston.  Have 
been  connected  with  the  Boston  Gas  Company  as  manager 
of  its  works.  Am  acquainted  with  gas  meters  and  the  usual 
instruments  for  measuring  gas.  The  pressure  is  different  in 
different  parts  of  the  city ;  it  is  constantly  varying.  A  cubic 
foot  of  gas  was  always  understood  to  be  at  60  degrees  of 
Farenheit  and  30  inches  of  the  barometer.  If  half  an  inch 
or  one  inch  of  water,  or  any  other  pressure  be  added,  it  will 
increase  the  density.  A  cubic  foot  as  indicated  by  the  meter 
will  always  be  more  than  a  cubic  foot  of  gas,  because  it  is 
always  under  a  pressure,  and  a  correct  meter  can  never 
indicate  or  register  more  than  passes.  If  the  meter  is  in  or¬ 
der,  it  is  impossible  to  register  more  than  actually  passes 
through.  When  the  gas  is  at  a  certain  degree  of  pressure  in 


REBUTTING  EVIDENCE. 


41 


the  mains  and  'service  pipes,  the  pressure  of  the  gas  on  the 
■water  in  the  meter  would  always  force  the  water  out  of  the 
side  screAv  hole  if  the  screw  should  be  loosened.  If  the  un¬ 
der  screw  should  be  loosened  and  immediately  tightened 
again  before  the  gas  had  time  to  escape,  the  effect  would  of 
course  be  the  same ;  so  that  in  order  to  try  the  true  water 
level  in  a  meter,  it  is  necessary  to  let  off  or  remove  all  the 
gas,  and  thus  relieve  the  water  of  the  pressure  ;  the  operation 
is  like  that  of  a  syphon.  If  a  meter  tips  forward,  the  gas 
would  be  registered  less  than  the  actual  quantity  consumed, 
and  of  course  in  favor  of  the  consumer.  So  it  would,  also, 
measure  more  if  the  meter  should  tip  backwards.  Supposing 
the  platform  on  which  it  stands  to  be  level,  there  would  be 
not  the  slightest  difference  made  by  having  the  meter  tip  a 
little  sideways,  or  out  of  horizontal,  so  long  as  the  machine¬ 
ry  works ;  meters  are  always  proved  on  a  perfectly  true  level 
platform,  and  therefore,  when  they  are  put  up  for  use,  if  they 
are  set  on  a  level  they  will  register  truly.  Last  night  I  tried 
a  common  Argand  burner  and  consumed  twenty-three  feet 
and  two  tenths  of  gas  in  one  hour,  under  the  ordinary  press¬ 
ure,  with  the  stop-cock  entirely  open,  so  that  it  would  flow 
free.  Under  extraordinary  pressure  more  would  have  burned, 
but  the  pressiu'e  used  was  the  same  as  is  common  in  all  the 
pipes  in  the  city.  To  increase  the  height  of  the  flame  does 
not  proportionally  increase  the  amount  of  light.  If  a  person 
was  accustomed  to  burn  six  burners  at  the  best  advantage  he 
would  be  obliged  to  consume  more  gas  in  four  than  in  the 
six,  to  get  the  same  degree  of  light.  From  the  four  he  would 
burn  it  at  disadvantage,  as  he  would  waste  the  gas,  a  large 
quantity  of  the  carbon  passing  off  without  being  consumed. 

To  A  Juror.  The  register  in  such  a  case  would  measure 
more  gas  than  was  burned,  but  not  more  than  passed  away 
through  the  meter. 

To  Whiting.  It  is  impossible  to  tell  the  quantity  of  gas 
used,  by  counting  the  number  of  burners,  as  it  would  be 
impossible  to  tell  the  quantity  of  fuel  used  in  a  house  by 
counting  the  number  of  fire-places.  When  I  was  manager 
of  the  Gas  Works  it  was  frequently  the  custom  to  light  up 
shops  in  the  shortest  and  darkest  days  of  winter,  at  three 
o’clock  in  the  afternoon ;  it  was  very  customary  to  light  up 
as  early  as  four  and  often  earlier.  I  never  made  any  accurate 
observation  on  this  point,  but  I  know  the  fact  from  seeing 
the  gas  diminish  in  the  gasometers,  and  I  have  also  frequently 
seen  it  'burning  in  shops.  In  the  longest  days  of  summer 
people  begin  to  light  up  at  half-past  seven  to  eight  o’clock. 

3* 


42 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


It  would  be  impossible  to  form  a  judgment  of  the  quantity 
of  gas  consumed  by  looking  at  the  flame,  even  by  a  person 
accustomed  to  it,  during  an  evening,  and  particularly  during 
a  whole  quarter. 

The  Foreman  here  asked  the  time  of  sunset  on  the  22d 
of  December,  1847,  and  it  was  established  by  reference  to  an 
Almanac,  at  4h.  31m.,  and  the  length  of  the  day  was  also 
ascertained  from  the  same  source  to  be  nine  hours. 

Cross  Exaynined.  It  is  about  a  year  and  a  half  since  I 
was  in  the  employ  of  the  Gas  Company.  Have  no  connec¬ 
tion  with  it  at  present.  Am  not  a  stockholder.  Have  no 
pecuniary  interest  in  it.  Am  nephew  to  IMr.  Darracott. 

Any  quantity  of  gas,  however  small,  can  be  measured  by 
a  meter,  but  the  meters  commonly  in  use  do  not  register  less 
than  a  foot.  There  are  various  other  modes  of  measuring 
gas  besides  the  meter  —  the  gasometer  for  example.  Any 
vessel  that  is  perfectly  tight  may  be  made  a  measure  of  gas. 
There  is  also  the  Eudiometer,  which  is  a  graduated  glass 
tube.  It  is  customary  to  weigh  gas,  but  not  to  sell  it  by 
weight.  Cannot  say  that  it  is  not  sold  by  weight  in  Lon¬ 
don.  It  is  customary  for  the  manufacturer  to  weigh  it. 
Light  does  not  altogether  depend  on  density,  but  two  cubic 
feet  of  gas  being  burned,  one  dense  and  the  other  rare,  both 
being  made  of  the  same  materials,  the  dense  gas  will  give 
the  most  light.  Weight  is  a  true  test  of  density.  The  me¬ 
ter  does  not  indicate  the  difference  in  density.  I  know  of 
no  inherent  impossibility  of  inventing  a  machine  for  weigh¬ 
ing  gas,  but  it  is  practically  impossible  to  weigh  a  large 
quantity  at  a  time  for  distribution.  There  are  instruments 
for  weighing  it  in  small  quantities.  Weight  would  not  be  a 
better  test  of  the  amount  consumed  than  the  present  mea¬ 
sure  hy  meter.  If  a  meter  could  be  made  to  weigh  gas,  it 
would  not  supersede  the  use  of  the  present  meter. 

Cannot  tell  how  many  shops  I  have  seen  lighted  at  three 
o’clock  in  the  afternoon,  but  certainly  from  twenty  to  thir¬ 
ty.  It  was  two  or  three  years  ago,  and  I  have  no  doubt 
tliere  were  many  more.  I  Avas  induced  to  observe  it  partic¬ 
ularly  because  of  the  danger  there  might  he  of  our  not  hav¬ 
ing  gas  enough  manufactured  for  the  supply  that  miglit  be 
wanted.  We  had  many  customers  who  used  gas  all  day 
long,  but  not  a  great  many  compared  with  the  whole  num¬ 
ber.  The  quantity  of  gas  used  varies  every  day. 

To  Whiting.  The  pressure  in  the  mains  was  equal  to 
atmospheric  pressure,  —  a  pressme  equivalent  to  a  colmnn 
of  Avater  tAvo  inches  high. 


REBUTTING  EVIDENCE. 


43 


To  Chase.  Four  burners  might  consume  more  gas  than 
six,  provided  the  six  were  burned  advantageously  and  the 
four  were  not.  In  case  the  gas  is  burned  in  glasses  set  to  the 
height  best  adapted  to  the  burners,  if  you  reduce  the  number 
of  burners  from  six  to  four,  and  burn  the  same  quantity  of  gas, 
the  flame  would  stream  up  above  the  top  of  the  glasses. 
Globes  or  burners  have  theoretically  a  tendency  to  increase  the 
draft,  but  practically  there  would  be  no  appreciable  difference. 

Nathaniel  W.  Turner.  During  the  quarter  ending  Jan¬ 
uary,  1847,  Mr.  Gault  sent  to  the  office  to  have  the  lights  in 
his  window  moved.  I  fixed  them,  and  moved  the  burners 
nearer  towards  the  window,  because  they  came  under  a  frame 
on  which  he  hung  his  goods,  as  he  was  afraid  if  he  used  the 
gas,  it  would  set  his  goods  on  fire.  This  was  in  November. 
Gault  said  he  had  been  there  most  three  months,  and  had 
not  been  able  to  use  the  gas  because  he  was  afraid  it  would 
set  the  light  goods  on  fire.  When  I  went  to  fix  them,  they 
were  so  one  sided  that  they  could  not  be  used  without  the 
flame  breaking  the  glasses  the  minute  it  was  lighted. 

Another  man,  from  Henry  N.  Hooper  &&  Company’s,  put 
up  those  fixtures,  and  I  should  not  think  our  gas  could  have 
passed  down  through  them,  as  the  fixture  was  entered  into 
the  pipe  close  up,  and  then  fastened  in  with  putty ;  no  gas 
to  speak  of  could  pass  through  at  any  rate.  I  altered  the 
pendant  and  fixed  it  so  that  it  could  be  used.  Gault  moved 
in  sometime  in  September. 

Cross  Examined.  Gault  sent  his  boy  for  me,  —  the  same 
one  who  was  here  yesterday.  Gault  himself  ordered  me  to 
fit  it  when  I  went  into  his  store,  and  was  rather  severe  upon 
me  ;  this  was  about  the  middle  of  November ;  he  moved  in 
about  the  middle  of  September,  as  I  think.  He  seemed  very 
much  offended,  and  said  he  had  sent  to  the  office  two  or 
three  times,  and  he  did  not  see  why  he  could  not  have  his 
work  done  as  well  as  any  body  else.  I  replied,  we  have  been 
very  busy  and  probably  overlooked  it,  but  I  will  make  it  all 
right  now.  He  said  he  had  not  been  able  to  burn  the  lights 
since  he  had  been  there,  as  he  was  afraid  he  should  burn  the 
articles  in  the  window.  He  said  he  had  been  there  about 
three  months,  as  nigh  as  I  recollect.  This  was  about  half¬ 
past  ten  or  eleven  o’clock  in  the  forenoon.  The  man  in  the 
store  told  me  the  fixture  was  put  up  by  H.  N.  Hooper  &. 
Co.  The  burners  did  not  belong  to  the  Gas  Company. 
There  were  articles  of  dress  then  hanging  in  the  window,  and 
Gault  took  them  down  himself.  We  drill  holes  in  the  pipes 
and  screw  in  the  fixtures ;  or  screw  them  together  in  pieces  ; 


44 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


we  never  nse  putty  or  any  thing  else,  except  a  little  white 
lead  around  the  screAv  to  make  it  air  tight.  There  was 
nothing  said  to  me  about  reducing  the  height  of  the  burners 
by  Gault,  and  they  were  not  altered  in  length ;  they  were 
moved  in  eight  or  ten  inches,  nearer  to  the  window,  as  near 
as  I  recollect,  which,  as  there  was  a  jog,  brought  the  pendant 
down  about  two  inches,  but  I  think  not  more  than  that.  I 
should  remember  if  it  was  lowered  as  much  as  six  inches ; 
the  same  pendant  was  used.  I  am  accustomed  to  pass  by 
the  store  five  evenings  in  a  week,  and  I  never  saw  any  light  in 
his  window  previous  to  that  period,  on  any  occasion,  but  I 
did  see  lights  in  other  parts  of  his  store.  It  Avas  my  custom 
to  pass  on  that  side  of  the  street,  as  our  office  is  on  the  same 
side.  Gault  kept  on  the  lower  floor  at  that  time.  * 

To  Whiting*  I  have  examined  the  meters  testified  to  by 
Mr.  Byrnes. 

At  the  Adelphi  I  found  the  right  hand  meter  one  eighth 
of  an  inch  higher  on  the  right  hand  side  than  on  the  left  ; 
the  shelf  Avas  an  eighth  of  an  inch  higher  on  the  back  part 
than  the  front.  If  this  should  cause  any  error  in  registering 
or  measuring,  it  Avould  be  in  favor  of  the  consumer.  The 
cause  of  the  difference  Aims  the  Avarping  of  the  platform  or 
shelf,  Avhich  is  not  an  unusual  occurrence.  The  left  hand 
meter  Aims  a  quarter  of  an  inch  higher  behind  than  in  front ; 
it  might  haA'e  been  made  so  by  some  one  stepping  on  the 
shelf.  Any  error  Avould  be  in  favor  of  the  consumer. 

At  No.  9  Howard  street  I  could  not  get  at  the  e:^act  level, 
but  as  near  as  we  could  estimate,  one  side  of  the  bench  being 
split  doAvn,  it  AAms  an  eighth  of  an  inch  out  of  the  Avay. 
The  pipes  would  hold  up  the  meter  if  the  shelf  Avas  not 
Avholly  removed,  or  Avas  only  a  little  split. 

At  No.  30  Washington  street,  the  small  meter  Avas  one 
sixteenth  of  an  inch  out  of  the  Avay  —  higher  in  the  rear 
than  in  front.  There  are  two  meters  in  that  cellar.  The 
large  one  Avas  three  sixteenths  of  an  inch  higher  on  the  right 
than  on  the  left ;  one  sixteenth  of  an  inch  higher  in  front 
than  back,  on  one  end,  and  on  the  other  end  Avas  leA^el. 
This  Avas  occasioned  by  the  mere  AA^rping  of  the  board. 

At  the  Museum  there  Avere  tliree  meters  on  one  platform ; 
one  is  one  quarter  of  an  inch  higher  on  the  right  than  on  the 
left,  and  three  sixteenths  of  an  inch  higher  in  back  than  in 
front ;  the  centre  one  is  tlu:ee  sixteenths  of  an  inch  higher 
on  the  left  than  on  the  right,  and  is  level  from  front  to  back ; 
the  third  one  is  three  sixteenths  of  an  inch  higher  on  the 
right  than  on  the  left,  and  leA^el  front  and  back.  In  the 


EVIDENCE  FOR  THE  DEFENDANT, 


45 


ticket  office  there  is  another  meter  which  is  one  eighth  of 
an  inch  higher  on  the  right  than  on  the  left,  and  the  level  in 
the  other  direction  could  not  be  taken,  in  consequence  of  its 
position. 

After  I  fixed  Mr.  Gault’s  lights,  I  am  confident  that  I  saw 
them  burning  in  his  window. 

Cross  Examination  resumed.  There  was  a  boy  present 
in  Gault’s  store  when  I  had  the  conversation  with  him. 
Andrew  Lawder  was  also  with  me. 

Jeremiah  Ross  was  then  called  for  the  defence,  but  objec¬ 
tion  being  made  to  any  more  testimony,  the  Court  ruled  it 
out,  and  he  was  not  sworn. 

William  C.  Hibbard  was  recalled  by  Mr.  Chase.  The 
best  measure  of  density  of  gas,  is  by  weight.  Two  given 
quantities  of  gas  will  weigh  according  to  their  density. 
This  is  a  general  principle,  applicable  to  all  cases.  A  meter 
might  be  constructed  that  would  require  a  certain  amount  of 
density  to  turn  it.  The  amount  of  light,  or  illuminating 
power  is  in  proportion  to  its  density,  in  a  cubic  foot  of  gas, 
other  things  being  taken  in  connection  or  equal ;  perfect  com¬ 
bustion  is  necessary  to  make  this  a  true  test.  If  there  is  a 
deficiency  of  gas  at  the  Gas  Works,  it  could  be  diluted,  and 
by  altering  the  counterpoise  on  the  gasometers,  the  rapidity 
of  the  current  would  be  checked.  This  would  give  gas  of 
less  density.  The  illuminating  power  of  one  foot  of  dense 
and  one  foot  of  rare  would  be  the  same,  but  the  dense  gas 
would  burn  much  the  longest  time. 

There  is  no  meter  I  have  ever  known  or  read  of  that  will 
measure  the  density  of  gas  as  it  passes  through. 

The  evidence  on  both  sides  having  now  been  fully  put  in, 
Mr.  Chase  requested  an  adjournment  until  the  next  day,  in 
order  the  better  to  prepare  his  closing  argument  for  the  de¬ 
fence.  But  this  could  not  be  granted,  owing  to  the  engage¬ 
ments  of  the  Court. 

Mr.  Chase,  thereupon,  proceeded  to  address  the  Jury  as 
follows : 

May  it  please  tour  honor  and  gentlemen  of  the  jury  : 

Permit  me  to  felicitate  you  on  approaching  the  beginning 
of  an  end  of  this  voluminous  case.  And  permit  me,  too, 
gentlemen,  to  present  my  thanks  to  you,  and  the  Court,  for 
the  patient  endurance  extended  to  my  many  interruptions  of 
the  plaintitf’s  counsel  in  the  introduction  of  testimony. 
That  endurance  of  interruption  has  answered  one  end,  if  no 


46 


BOSTON  GAS  LIGHT  COMPANY  VS.  ITM.  GAULT. 


Other.  It  has  shown  the  difficulty,  even  to  a  corporation, 
of  breaking  through  all  rules  of  law,  —  of  riding  rough-shod 
over  all  principles  of  justice — of  setting  aside  the  rules 
which  regulate  and  govern  the  admission  of  evidence.  The 
honorable  Court  has  told  you  that  it  did  not  see  to  what  a 
considerable  portion  of  the  testimony  amounted,  or  what 
a  great  deal  of  it  had  to  do  with  the  case ;  — but  that  it 
should  yet  allow  it  to  come  in  de  hene  esse  —  that  is,  for  you 
to  hear,  but  not  to  act  upon  save  under  the  instructions  of 
the  Court.  And  here,  also,  allow  me  to  say  that  sad  is  the 
day  when  any  well-armed  and  skilfully  appointed  antagonist 
comes  into  Court  to  fight  a  hybrid  body — a  corporation 
without  a  soul,  and  without  a  gizzard,  even,  to  feel  that  it 
has  won  a  victory  or  know  that  it  has  sustained  a  defeat ;  — 
but  still  sadder,  still  darker  is  that  day  when  one  —  not  Avith 
polished  armor  on  his  limbs,  or  with  doughty  blade  even 
fleshed  in  glorious  strife,  but  some  poor  knight,  hauled  in  by 
chivalric  laws  to  do  duty  to  the  oppressed — when  such  a 
one  should  rise  to  meet  a  foeman  too  worthy  of  his  steel, 
vfliose  skill  is  alone  surpassed  by  his  sagacity,  and  whose  el¬ 
oquence  is  equalled  only  by  his  urbanity  ;  whose  plausibility 
storms  common  sense,  and  vdiose  captivating  graces  of  style 
drag  a  jury  at  his  heels.  And  the  more  especially,  when 
such  a  one  stands  forth  as  the  champion  of  a  body  corporate 
which  binds  us  all  by  gratitude  for  its  delicious  light,  and 
heat-giving  joy  —  which,  like  the  sun  to  the  Pharsee,  is  not 
alone  a  source  of  heat  to  our  hearths,  but  of  adoration  to  our 
hearts.  Still  such  a  poor,  unfriended  knight  has  'come  into 
the  lists,  will  fight  his  best  fight  and  do  his  best  battle  — 
thinking  that  it  were  well  done,  if,  when  done,  it  were  done 
quickly. 

Gentlemen  of  the  Jury — 

This  is  an  action  of  assumpsit  to  recover  the  amount  of 
$25.55  of  the  defendant,  for  burning  TSOO  feet  of  the  plain¬ 
tiff’s  gas  from  October  1st,  1847,  to  January  1st,  1848,  at  3| 
mills  per  foot. 

The  plaintiff  in  his  opening  set  forth  these  four  proposi¬ 
tions  :  — 

1st.  That  the  amount  of  gas  consumed  by  the  defendant 
was  to  be  determined,  or  measured,  by  the  instrument  most 
generally  in  use. 

2d.  That  the  defendant  had  the  Company’s  gas  fixtures 
in  his  store. 

3d.  That  he  used  their  gas.  And 

4th.  That  the  measure  of  the  gas  consumed  was  accurate. 


47 


EM.  chase’s  closing  aegument. 

Now,  how  does  the  plaintiff  attempt  to  prove  any  one  of 
these  propositions  ? 

In  the  first  place,  George  Slader,  a  paid  hand  of  the  cor¬ 
poration,  is  introduced  to  prove  the  fact  of  consumption.  He 
is  asked  if  he  knows  it,  and  replies  that  he  does  not,  except 
from  his  book.  He  then  is  asked  as  to  his  custom  in  taking 
off  the  gas  registers  —  not  as  to  any  one  particular  act,  or  in 
any  one  particular  case  —  but  as  to  his  custom.  And  he 
tells  you  that  his  custom  is  to  take  the  state  of  the  different 
meters  he  examines,  and  transcribe  the  figures  marked  on  the 
indexes  to  certain  columns  of  a  certain  book,  called  a  regis¬ 
ter  book.  He  says  that  on  a  certain  occasion,  he  went  into 
a  cellar  under  the  store  of  the  defendant,  and  transcribed  from 
the  index  of  a  meter  there,  the  figures  entered  in  the  book, 
920,  indicating  9200  feet  of  gas.  This  was  his  custom  —  to 
make  these  transcriptions  and  entries  every  three  months. 
And  he  finds  in  the  book,  an  entry,  under  date  of  January 
5th,  1848,  of  these  figures,  920,  from  the  meter  under  defend¬ 
ant’s  store.  Well,  next  the  book  itself  is  produced,  and  what 
does  that  show  ?  How  does  that  appear  ?  We  should  suppose 
naturally  that  the  gas  was  charged  to  the  defendant,  Gault. 
But  nothing  of  that  sort.  The  entry  stands  in  the  name  of 
John  H.  Wright  and  Co.  What  has  that  to  do  with  the  de¬ 
fendant  ?  And,  so,  at  the  very  outset  of  this  great  and  re¬ 
doubtable  corporation’s  case,  its  very  book  of  entry  bears 
upon  its  face,  palpable  and  gross  erasures. 

But  then,  to  explain  this,  Slader  is  called  upon  to  state 
the  practice  and  custom  in  regard  to  a  change  of  tenants  in 
places  where  gas  is  consumed.  And  he  says  that  where 
one  man  goes  out  of  a  store,  his  name  is  erased,  and  the 
name  of  the  man  who  comes  in  is  inserted  on  the  book  in 
its  stead.  In  this  case  the  name  of  John  H.  Wright  &.  Co., 
Avas  substituted  for  that  of  Gault,  because  that  firm  moved 
in  after  Gault  had  moved  out.  That  was  the  only  erasure, 
he  thought.  The  figures,  he  was  confident,  were  correct, 
because  they  were  there.  And  the  learned  counsel  for  the 
plaintiffs  well  said  that  it  could  not  for  a  moment  be  supposed 
that  he  could  tell  the  state  of  the  meter  without  these  fig¬ 
ures.  Yet,  after  all  this,  how  did  it  turn  out?  The  witness, 
upon  reflection,  said  that  there  had  been  another  erasure  — 
that  the  name  of  one  Mr.  Merrill  had  been  inserted  and  stricken 
out,  as  having  occupied  the  premises  between  the  time  when 
Gault  left,  and  when  Wright  &.  Co.  went  in.  Gault  and 
Merrill  were  both  antecedent  to  Wright.  Well  now,  we 
should  suppose  that  here  had  been  erasures  enough.  But  not 
so.  Mr.  Slader,  on  an  inspection  of  the  book,  came  to  the 


48 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


conclusion  that  there  had  been  tampering  with  the  figures 
themselves  —  or,  as  he  said,  they  had  been  transposed.  But 
this,  too,  probably,  was  done  according  to  custom.  This 
witness  did  not  see  Gault  there,  upon  the  premises,  and  does 
not  know  that  he  ever  was  there.  He  took  the  state  of  the 
register,  he  transcribed  it  into  the  book,  he  then  handed  the 
book  to  Mr.  Stearns,  the  clerk,  and  did  not  again  see  it  for 
three  months.  But  now  he  finds  that  it  has  been  tampered 
with.  Is  such  a  book  of  evidence  credible  ?  Judge  you, 
gentlemen. 

Well,  this  is  the  custom  then.  Three  months  after  the 
goods  have  begun  to  be  delivered,  this  Company  begin  to 
charge  them.  Would  any  of  you,  merchants,  so  do  ?  I  think 
not.  But  supposing  you  did,  would  you  go  still  further  and 
change  the  names  of  the  people  to  whom  you  had  sold,  and 
the  amounts  to  which  their  purchases  came  ?  I  am  sure  not. 
Still  less  would  you  plead  that  such  a  thing  was  your  cus¬ 
tom.  Yet  here  this  law-created,  law-abiding  corporation 
does  that  which  would  blast  the  reputation  of  a  merchant  in 
a  moment  —  makes  a  wrong  charge  of  goods  delivered, 
which  is  bad  enough  in  itself,  and,  what  is  infinitely  worse, 
erases  the  name  of  the  man  charged  for  those  goo4s,  and 
substitutes  another  and  yet  another  name  against  the  same 
charge.  And  this  the  Company  attempt  to  palm  upon  you, 
as  being  all  right,  because,  forsooth,  it  is  then’  custom.  As 
if  they  should  not  be  grateful  that  their  books  could  indicate 
but  one  such  case,  instead  of  defending  the  practice,  on  the 
ground  that  it  is  their  custom  for  all.  But  whc^t  is  worst  of 
all,  is  that  they  alter  —  or  transpose,  if  you  please,  and  as  IVIr. 
Slader  says  —  the  figures  themselves. 

This  then,  as  we  have  seen  it,  is  the  book  of  original  en¬ 
tries  kept  by  the  corporation.  But  what  becomes  of  the 
book  after  these  entries  are  made  ?  It  is  transferred  from  the 
hands  of  the  meter-taker,  to  the  clerk  of  the  corporation, 
Mr.  Joseph  G.  Stearns,  and  he,  too,  tells  you  what  his  cus¬ 
tom  is  with  regard  to  it.  He  takes  the  registry  book,  trans¬ 
fers  its  entries  to  the  leger,  in  the  course  of  a  few  days,  and 
then  deposits  this  invaluable,  original  entry  book  in  the 
iron  safe  of  the  corporation,  to  be  kept  for  three  months. 
But  does  he  know  any  thing  more  about  the  defendant’s  hav¬ 
ing  burnt  gas,  than  what  he  has  got  from  the  entry  in  this 
book  ?  Nothing  at  all.  Not  a  thing,  gentlemen,  but  what 
he  has  taken  from  this  little  book.  But  the  big  book  which 
he  produces,  is  larger,  more  formidable,  more  venerable,  and 
a  little  more  respectable  evidence  —  only  for  this  very  reason. 
And  this  is  the  end  of  Mr.  Stearns's  testimony  —  except  in 


MR.  chase’s  closing  ARGUMENT.  49 

SO  far  as  he  states  that  his  entries  are  made  on  the  day  they 
purport  to  be,  which,  in  this  case,  was  the  1st  of  January, 
1848,  upon  his  leger,  while  the  register  has  it  not  marked 
until  the  5th  of  January,  four  entire  days  afterwards. 

Then  comes  IVIr.  Charles  Brintnall,  the  cashier  of  the 
Company,  who  brings  in  the  cash  book  to  prove  that  some 
previous  bills  for  gas  charged  to  Mr.  Gault  were  paid. 
That  does  appear  from  his  testimony,  but  he  does  not  know 
that  the  defendant  paid  the  bills,  or  who  paid  them.  Next, 
Henry  Davis,  a  collector  for  the  corporation,  states  that  he 
left  a  bill  for  the  amount  in  suit  at  the  defendant’s  place  of 
business,  and  called  for  it  once  or  twice  without  collecting 
the  money.  He  reported  this  fact,  but  does  not  know  wheth¬ 
er  or  not  a  letter  was  written  to  the  defendant,  or,  if  one 
was  written,  what  there  was  in  it.  He  never  saw  or  con¬ 
versed  with  the  defendant  on  the  subject  of  this  bill. 

Thus,  gentlemen,  endeth  the  first  chapter  in  the  plain¬ 
tiff’s  case,  containing  short  lessons  in  the  custom  of  Messrs. 
Slader  and  Stearns,  Bi'intnall  and  Davis  —  the  measure- 
taker,  the  clerk-transcriber,  the  cash-charger,  and  the  bill-pre¬ 
senter  of  this  redoubtable,  this  light  and  heat-giving  corpo¬ 
ration.  Yet  let  me  say  that  it  is  due  to  them  to  state  that 
they  doubtless  are  all  honorable  men.  And  should  it  be,  that 
some  of  them  have  appeared  to  you  as  rather  swift  witness¬ 
es  for  the  other  side,  I  beg  you  to  attribute  that  rather  to 
their  grateful  zeal  for  the  interests  of  their  employers,  than 
to  any  deficiency  of  integrity  in  their  hearts. 

We  have  disposed,  thus  briefly,  of  four  witnesses  for  the 
plaintiflfs. 

Then  comes  Mr.  Nathaniel  W.  Turner,  who  is  in  the 
gas-fitting  business.  In  his  occupation  as  gas-fitter  for  the 
Company,  he  went  into  a  store  in  Washington  Street  to  fix 
the  burners.  He  saw  the  defendant  there.  Whether  he  had 
any  orders  from  Mr.  Gault  he  does  not  say,  but  he  was  told 
that  the  burners  did  not  work  well,  and  he  fixed  them.  He 
testifies  that  the  Company  measm’e  all  their  gas  by  meters, 
that  he  is  not  personally  much  acquainted  with  the  measuring 
machinery,  but  that  the  measure  is  a  true  one,  because  all  the 
meters  are  tested  by  a  proof  meter  kept  in  the  office.  He 
knows  that  this  particular  meter  was  accurate,  also,  for  he 
saw  it  tested  by  the  proof  meter  —  but  it  was  no  part  of  his 
business  to  test  the  machines.  Now  this  evidence  is  two¬ 
fold  —  as  to  the  defendant,  and  as  to  the  meters.  Does  it 
for  a  moment  show  either  that  the  defendant  ordered  the  gas, 
or  that  the  gas  Avas  there  burned  —  that  it  was  the  plaintiff ’s 
gas,  or  that  it  was  used  in  the  defendant’s  store  —  or  that 


50 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


the  defendant  directed  the  alteration  in  the  fixtures  to  be 
made  ?  Not  in  the  least.  If  the  defendant  ordered  it  to  be 
done,  where  is  the  evidence  of  any  such  order  ?  If  in  writing, 
Avhere  is  the  paper  ?  If  in  person,  who  identifies  the  defendant 
as  giving  it  ?  Is  any  thing  of  that  kind  shown  ?  Oh,  no.  The 
defendant  is  there — but  he  is  merely  there,  and,  for  aught 
that  appears  to  us,  he  says  nothing  and  does  nothing  in  the 
matter.  And  as  to  the  meters,  —  of  what  value  is  the  testi¬ 
mony  of  a  man  employed  merely  in  putting  up  gas  fixtures, 
one  who  confesses  that  he  is  not  well  acquainted  with  the 
machinery  —  as  to  the  accuracy  of  this  instrument  as  a  gas 
measurer,  what  is  that  man’s  testimony  worth  ?  Why,  he 
has  seen  it  tried  and  tested  by  a  proof  meter  !  What  does  he 
know  of  a  proof  meter  ?  How  can  he  tell  it  to  be  such  ?  And 
how  can  he  tell  whether  the  test  is  accurately  applied  ?  Gen¬ 
tlemen,  this  whole  evidence  is  not  worth  a  single  gleam  of  a 
farthing  candle. 

But  we  have  next  the  testimony  of  Richard  Hod  son,  a 
practical  mechanic,  a  different  sort  of  man  from  his  predeces¬ 
sors  on  the  stand,  and  one  who  knows,  evidently,  more  than 
he  has  explained.  He  is  the  meter-maker  for  the  corporation, 
and  for  twelve  years  he  has  been  nothing  else.  He  has  pat¬ 
terns  and  frames,  and  he  makes  one  machine  precisely  like 
another,  and  every  one  is  tested  before  it  leaves  the  shop. 
He  made  this  meter  exhibited  to  you  as  coming  from  the  de¬ 
fendant’s  premises.  He  knows  it  and  identifies  it  by  certain 
marks,  numbers  and  hieroglyphics  upon  it.  He  has  recently 
tested  it,  and  found  it  accurate,  and  it  must  have  been  accurate 
Avhen  sent  out  because  it  is  always  the  custom — here  is 
custom  again  —  to  prove  the  instruments  before  they  leave 
the  works.  But  this  particular  machine  appears  to  have 
leaked,  for  there  is  a  piece  of  solder  upon  it.  And  the 
witness  says  that  it  would  not  be  well  for  a  meter  to 
leak  for  a  long  time,  and  that  if  the  screw  shonld  leak, 
the  gas  would  escape,  and  there  would  be  more  gas  that 
passed  than  marked  on  the  register.  He  is  of  opinion,  how¬ 
ever,  that  if  a  meter  is  correct  when  sent  out,  and  correct 
when  brought  back,  it  must  have  continued  accurate  in 
the  mean  time.  And  this  meter  he  proved,  both  times,  by 
the  Edinburgh  standard.  Undoubtedly  he  did  prove  it 
both  times  by  what  he  calls  proof,  and  possibly  the  best 
proof  he  could  get  hold  of.  But  ivhat  evidence  is  there  that 
his  proof  meter,  the  Edinburgh  instrument,  was  itself  accu¬ 
rate  ?  Where  is  the  evidence  that  the  Edinburgh  meter  is  any 
better  standard  than  this  Company’s  own  meters  —  or  even 
that  it  is  an  Edinburgh  meter  at  all  ?  How  does  the  witness 


MR.  chase’s  closing  ARGUMENT.  51 

know  that  fact  ?  Only  from  certain  marks  and  names  upon 
it.  This  is  not  proof,  but  supposing  even  that  it  were,  there 
is  yet  a  more  important  point  still.  Mr.  Hodson  tells  us  that 
taking  a  meter  at  two  different  times,  and  finding  it  accur¬ 
ate  at  each,  he  thinks  it  must  be  correct  meanwhile.  Now 
how  old  is  this  meter,  and  how  long  has  it  been  out  of  our 
hands  ?  We  do  not  know  as  to  the  first  question,  but  it  was 
taken  from  our  cellar  two  or  three  weeks  before  it  was 
brought  here,  and  it  is  in  evidence  that  it  has  been  soldered, 
as  if  to  stop  a  leak.  Who  put  on  that  solder  —  who  repair¬ 
ed  the  instrument  —  who  made  it  suitable  for  Hodson  to 
prove  the  second  time  ?  When,  and  where,  and  by  Avhom 
was  all  this  done  ?  Nobody  has  stated  —  we  none  of  us,  ex¬ 
cept  my  learned  brother  perhaps,  knoAV.  And  here,  I  sub¬ 
mit,  is  a  fatal  deficiency  of  evidence  —  a  sad  breach  and 
chasm  in  the  plaintiff’s  chain  of  testimony.  Upon  this  point, 
they  must  satisfy  you  that  the  machine  has  not  been  tam¬ 
pered  Avith  since  it  Avent  out  of  our  establishment,  if  it  Avas 
ever  there,  and  this  they  have  not  done,  nor  even  attempted 
to  do.  And  again,  it  seems  to  me  that  even  if  the  erasures 
and  alterations  of  the  register  book  are  not  sufficient  to  ex¬ 
clude  it  as  evidence,  yet  that  this  meter  can  have  no  au¬ 
thority  Avith  you.  It  seems  to  me  that  this  lead,  and  solder, 
and  resin  upon  it,  should  damn  it  in  your  eyes  Avhen  the 
plaintiff  attempts  to  set  it  up  as  noAV  and  ahvays  a  perfect 
truth-teller.  What  Avas  all  this  tampering,  soldering  and  fix¬ 
ing  up  for,  if  the  meter  Avas  correct  ?  The  Avitness  does  not 
explain,  but  says  that  the  instrument  having  proved  accu¬ 
rate  at  two  periods,  therefore  it  must  have  been  so  during  the 
intervening  time.  What  is  the  opinion  of  a  man  Avho  Avould 
say  that,  worth  ? 

Mr.  Lawler  is  the  next  Avitness,  and  he  has  been  for  tAven- 
ty  years  in  the  employ  of  the  Company.  Eighteen  years 
in  the  fitting  department,  and  for  the  past  eighteen  months 
as  superintendent  of  the  manufacture  of  the  gas.  He  tells 
us  too,  that  no  meter  leaves  the  shop  till  it  has  been  proved 
to  be  accurate.  But  hoAv  does  he  knoAv  ?  His  business  is  in 
another  department.  But  here  is  only  another  part  of  these 
gentlemen’s  custom,  klr.  Lawler  knows  that  it  is  the  cus¬ 
tom  to  make  the  meters  accurate,  and  therefore  he  knows 
that  none  are  ever  sent  out  unless  they  are  so.  They  are 
proved  by  the  Edinburgh  meter,  but  how  does  he  knoAv  that 
meter  to  be  itself  correct  ?  He  has  no  means  of  obtaining 
that  knoAvledge,  and  there  is  no  such  knoAvledge  in  evidence 
from  any  body.  The  instrument  is  not  properly  attested  from 
abroad  by  the  proper  authority,  and  in  the  prescribed  form. 
To  shoAV  the  attention  which  the  Legislature  has  paid  to 


52 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


this  subject,  I  quote  from  the  Statutes  of  the  Commonwealth, 
as  folloAvs :  — 

“  The  brass  and  copper  weights  and  measures,  heretofore  sent  from  England,  with  a  cer¬ 
tificate  from  the  exchequer,  that  they  were  approved  Winchester  measures,  according  to  the 
standard  in  the  said  exchequer,  and  which  have  been  adopted,  used  and  allowed  in  this  State, 
shall  remain  the  authorized  public  standards,  by  which  all  weights  and  measures  shall  be  tried, 
proved,  and  sealed,  in  the  manner  provided  in  this  chapter.”  —  Rer.  StaL,  Ch.  30,  Sec.  1. 

We  have  here  no  such  certificate,  and  the  plaintifi"  has  no 
right  to  ask  us  to  assume  his  Edinburgh  meter  as  a  true  stand¬ 
ard. 

Thus,  gentlemen,  we  have  got  through  the  case  which 
the  plaintiff  has  sought  to  build  up.  We  have  seen  first  his 
little  book  of  registry,  then  his  larger  and  more  formidable 
book  of  transcription,  and  lastly  his  meter.  We  have  got 
through  them.  Now  let  us  recur  to  the  points  of  defence. 

We  say  in  the  first  place,  that  we  are  not  bound  to  say 
one  word  unless  the  case  of  the  plaintiff  is  made  out.  It  be¬ 
longs  to  him  to  prove  all  his  averments,  and  if  he  fails  so  to 
do,  your  verdict  must  be  for  the  defence.  Has  he  made  out 
his  case  ?  I  do  not  believe  you  think  so. 

We  say  that  these  gas  meters  are  not  known  to  our  laws 
as  tests  of  measure,  but  on  the  contrary  that  there  is  a  pen¬ 
alty  for  their  use  which  amounts  to  a  prohibition.  By  the 
Revised  Statutes  it  is  provided  that, 

“If  any  person  shall  sell  or  expose  to  sale  any  goods,  wares  or  merchandise,  fruit,  grain 
or  other  commodity  whatsoever,  by  any  beams,  weights  or  measures,  that  have  not  been  sealed, 
as  provided  in  this  chapter,  he  shall  for  each  offence  forfeit  for  the  use  of  the  town  a  sum  not 
exceeding  ten  dollars.”  —  Rev.  StaL,  Ch.  30,  S»c.  24. 

But  his  Honor  has  overruled  this  objection  which  I  took 
early  in  the  case,  and  has  admitted  them  for  the  purposes  of 
this  trial. 

We  say  next,  that  even  if  the  meters  were  sealed  and  legal 
measures,  they  are  not  therefore  necessarily  true.  On  the 
contrary,  that  it  is  impossible  they  should  be  true.  They 
possess  inaccuracies,  whose  degree  depends  upon  their  age, 
their  use,  and  their  position.  Some  of  them  in  this  city,  it 
is  testified,  have  been  in  use  more  than  twelve  years,  and 
any  machinery  during  such  a  period  must  get  out  of  order. 
The  register  of  the  meter  must  be  liable  to  some  aberrations, 
so  that  it  will  not  indicate  a  correct  amount  of  gas  used. 
And  much  depends  on  the  care  and  faithfulness  with  which 
they  are  used.  It  is  obvious  that  they  may  be  tampered 
with,  that  the  index  may  show  revolutions  of  tlie  drum  which 
never  were  made,  and  mark  the  passage  of  gas  that  never 
was  consumed.  As  to  position,  it  is  well  maintained  by  the 
testimony  on  both  sides,  that  variations  in  position  will 
affect  the  performance  of  the  instrument.  I  care  not  on 
which  side  the  error  lies  or  which  it  favors.  The  question 
here  is  whether  the  meter  is  a  true  measine  or  not.  That  is 


53 


MR.  chase’s  closing  ARGUMENT, 

the  point  —  not  whether  its  irregularities  and  errors  operate 
to  the  benefit  of  the  seller  or  the  buyer.  And  all  the  testi¬ 
mony  concurs  that  if  the  meter  varies  from  a  horizontal  line, 
gas  may  escape  that  will  not  he  registered.  And  the  same  if 
it  varies  from  a  vertical  line.  In  other  words,  the  amount 
will  not  be  accurately  registered.  In  either  of  those  four  po¬ 
sitions  there  shall  be  a  variation  between  the  quantity  con¬ 
sumed  and  the  amount  indicated  on  the  register.  All  the 
evidence  is  that  the  meters  are  proved  on  a  level,  and  I  may 
therefore  take  it  as  a  conceded  point  that  it  is  requisite, 
for  a  meter  to  be  accurate,  that  it  should  be  on  a  level. 
Now  Mr.  Byrnes  states  that  he  found  several  meters  which  he 
tried,  to  vary  from  one-sixteenth  to  three-eighths  of  an  inch 
from  a  level,  and  that  one  at  the  Museum  was  half  an  inch 
out  of  the  way.  Yet  it  is  in  evidence  that  the  Company  are 
still  going  on  to  charge  their  gas  and  collect  their  dues  by 
these  very  same  meters,  though  knowing  to  the  fact  that  they 
are  inaccurate. 

There  is  another  point.  We  say  that  this  Company  charge 
differently  for  the  same  amount  of  gas,  used  at  different 
points.  You  recollect  the  evidence  we  have  introduced  to 
prove  this.  Mr.  Aborn  uses  twelve  burners,  and  on  Satur¬ 
day  nights  fourteen,  for  from  two  and  a  half  to  five  hours. 
His  bill  for  this  same  quarter  was  ^43.40.  Mr.  Cook  has 
fifteen  burners  and  burns  till  10  o’clock  on  Saturdays.  His 
bill  was  $46.90.  Mr.  Btirhank  uses  four  burners  four  and  a 
half  hours,  and  his  bill  for  this  quarter  was  $25.55.  But  for 
the  April  and  July  quarter  of  the  same  year,  when  he  used 
the  same  burners  two  and  a  half  hours,  it  Avas  $4.20.  Mr. 
Gove  uses  nine  burners,  one  of  them  all  day  and  the  others 
from  dark  to  8  o’clock,  except  on  Saturdays,  and  then  till  10, 
and  his  bill  was  $15.40.  Mr.  Kimball,  of  the  Museum,  in 
1841  and  1842,  used  one  hundred  burners,  except  for  a  part 
of  the  time  when  he  had  the  Indians.  His  weekly  bills  va¬ 
ried.  He  has  produced  some  of  them  for  $21,  $24,  $29, 
&c.,  &c.  Mr.  Carruth  uses  four  burners  from  5  to  9  o’clock, 
and  on  Saturdays  till  10.  He  has  two  stores,  and  his  aggre¬ 
gate  bills  for  this  quarter  Avere  $13.30,  In  the  July  quarter 
of  1846,  he  is  charged  for  7200  feet  $28.80,  but  in  the  cor¬ 
responding  quarter  of  1845,  only  for  1600  feet,  $6.40.  In 
’45  he  had  from  four  to  six  burners,  and  in  ’46  he  had  five. 
In  the  first  case  he  used  the  common  argand  burner,  and  in 
the  other  the  batsAving ;  but  that  is  the  only  difference  in 
his  fixtures  for  those  tAvo  quarters.  You  see  a  much  greater 
difference  in  the  bills. 

Mr.  Weeks,  of  the  Reading  Room,  uses  sixteen  burners, 

5* 


54 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


say  from  41  to  9  o’clock  in  the  winter.  His  bill  for  this 
quarter  was  $70 — but  for  the  next,  from  January  to  April, 
it  was  $52.25.  He  burned  the  same  number  of  hours  in 
both  cases,  but  attributes  a  part  of  the  difference  to  greater 
care  and  a  more  economical  consumption  of  the  gas.  All 
these  are  round  burners.  Mr.  George  Johnson  uses  one 
burner  every  evening,  perhaps  till  9  o’clock,  and  three  on  Sat¬ 
urdays  till  half-past  10.  His  bills  vary  from  $7  to  $13. 
Mr.  Bradshaw  has  used  six  and  seven  burners.  In  the  Oc¬ 
tober  quarter  of  1843  he  had  six,  and  was  charged  for  7800 
feet  of  gas,  $39.  While  in  the  corresponding  quarter  of  1841, 
when  he  had  seven  burners,  and  used  them  an  hour  longer 
each  night,  his  bill  was  for  7200  feet,  $36.50.  And  INIr. 
Byrnes,  from  November  20th  last  up  to  January,  used  seven 
burners  at  least  six  hours,  and  was  charged  for  4200  feet, 
$14.70.  In  January  he  used  six  for  seven  and  a  half  hours, 
and  was  charged  for  3400  feet,  $11.90.  In  March,  he  used 
about  five  and  a  half  burners  for  from  five  to  six  hours,  and 
paid  for  4800  feet,  $16.80.  And  in  May  he  used  six  burners, 
for  five  and  a  half  hours,  while  his  bill  was  for  6400  feet, 
$22.40.  Contrast  the  December  bill  with  that  for  May, 
when  he  had  fewer  burners,  and  used  them  for  a  less  time. 

I  believe,  gentlemen,  that  this  concludes  the  evidence  as 
to  the  variation  in  prices.  And  I  submit  to  you  if  it  does 
not  conclusively  prove  that  the  Corporation  has  no  rule  in 
making  its  charges  but  mere  gtiess-work.  'Not  that  the 
Company  is  not  desirous  of  finding  some  fixed  and  accurate 
method,  but  they  have  not  found  it,  and  have  not  got  it. 
And  we  say,  moreover,  that  this  evidence  and  these  bills, 
compared  with  the  one  now  in  suit,  prove  that  we  have  been 
charged,  for  our  gas,  more  than  other  people  for  the  same 
quantity. 

Now,  allow  me  to  recall  your  attention  to  the  testimony 
of  the  defendant’s  boy,  Otis  Foster.  I  will  very  briefly  re¬ 
capitulate  some  parts  of  it. 

Foster  states  that  he  has  been  in  Gault’s  employ  for  two 
years,  and  that  he  paid  the  gas  bill  for  the  last  quarter  of 
1846.  The  cashier  of  the  Gas  Company  has  testified  that 
he  does  not  recollect  that  any  objection  was  made  to  that 
bill,  but  Foster  swears  that  he  told  the  cashier  that  he  was 
sent  by  Mr.  Gaidt  to  pay  it,  but  at  the  same  time  to  say 
that  it  Avas  too  much  for  the  gas.  He  did  tell  him  it  was 
too  high,  but  that  rather  than  have  any  ditliculty  Mr.  Gault 
would  pay  the  charge.  And  here,  gentlemen,  Ave  say  that 
though  a  young  man,  inexperienced  in  laAv  or  the  form  of 
giving  legal  notice,  the  Avitness  did  all  that  Mr.  Gault  Avantcd 
him  to  do,  all  that  Avas  necessary  by  Avay  of  protest  against  the 


55 


MR.  chase’s  closing  ARGUMENT. 

amount  of  that  bill.  He  made  an  express  statement  that  he 
was  paying  too  much.  And  we  claim  that  they  have  no 
right  to  urge  that  because  we  paid  that  bill  as  they  charged 
it  to  us,  we  must  now  pay  this.  We  paid  it  under  a  com¬ 
pulsory  process.  Not  a  legal  process,  it  is  true,  but  rather 
than  to  have  a  controversy  at  law.  And  what  is  his  testi¬ 
mony  in  regard  to  the  bill  nowin  dispute  —  testimony  which 
I  hold  to  be  of  as  much  importance  as  any,  scientific  or  oth¬ 
erwise,  which  has  been  put  into  the  case.  He  says  that 
during  the  last  quarter  of  1847,  they  used  on  an  average 
from  three  to  four  burners  —  never  over  four  —  and  from 
about  half  after  four  to  half  after  eight  o’clock.  He  was  al¬ 
ways  in  the  store  when  it  was  lighted  up  and  when  it  was 
closed.  It  was  his  business,  and  no  one  ever  went  into  the 
store  after  he  had  shut  up.  The  fourth  burner  was  lighted 
only  for  the  purpose  of  cutting,  and  was  used  probably  from 
a  half  to  two  thirds  of  the  time  of  an  evening  —  so  that  in 
fact  the  average  use  was  of  only  three  and  a  half  burners. 
The  flame  was  generally  about  half  the  height  of  the  chim¬ 
ney  —  not  so  high  as  in  the  year  before  —  and  there  was  less 
cutting  to  do  this  year  than  the  last.  But  in  this  quarter  of 
1846,  they  used  six  burners  from  the  ordinary  lighting  time 
till  nine  or  ten,  and  sometimes  eleven  o’clock  —  and  in  1847 
only  four  burners  for  a  much  less  time.  Yet  they  are  charged 
$25.55  for  this,  and  only  $26.80  for  the  other  quarter.  You 
remember,  gentlemen,  the  strict  and  studious  cross-examina¬ 
tion  on  all  these  points,  and  how  completely  the  witness  sus¬ 
tained  himself.  And  I  ask  you  if  these  facts  do  not  show  an 
egregious  and  unaccountable  departure  from  truth,  and  con¬ 
clusively  establish  the  inaccurcy  of  the  meter.  But  they 
attempted  to  disprove  this  evidence,  and  for  that  purpose 
brought  Mr.  Turner  on  the  stand.  I  then  ofiTered  another 
witness  to  corroborate  Foster,  and  you  recollect  the  discussion 
that  took  place  between  my  learned  brother  and  myself  on 
this  point.  Enough  now  that  I  was  not  allowed  so  to  do 
by  the  Court. 

Well,  Mr.  Turner  came  forward  to  contradict  our  witness, 
and  he  has  either  wilfully  stated  what  he  knew  to  be  false 
—  and  I  would  not  willingly  entertain  any  such  idea  —  or 
he  has  testified  mistakenly  what  he  did  not  actually  know 
to  be  true.  He  says  he  went  to  the  store  to  remove  the  gas 
fixtures,  and  testifies  to  the  conversation  that  took  place. 
He  went  there  about  the  middle  of  November,  and  my  client 
had  moved  in  about  the  middle  of  September. 

Mr.  Whiting  interrupted.  The  witness  stated  that  he 
went  there  about  three  months  after  Gault  moved  in. 


56 


BOSTON  GAS  LIGHT  CO.  VS.  WM.  GAULT. 


Mr.  Chase  went  on.  Three  months  was  it  ?  Well,  it  is 
immaterial  in  one  sense  whether  it  was  one  month  or  three 
—  hnt  yet  it  is  material  here  in  another  view,  for  it  contra¬ 
dicts  your  witness  out  of  his  own  mouth.  His  statements 
vary.  He  certainly  did  say  “about  the  middle  of  Septem¬ 
ber,”  as  the  counsel  will  find  on  referring  to  his  minutes, 
and  yet  he  wants  to  get  a  statement  into  my  client’s  mouth 
admitting  that  he  had  been  there  three  months.  Well, 
what  next  ?  My  client’s  business  is  that  of  a  merchant  tailor, 
whose  custom  it  is  to  keep  light  articles,  fancy  goods,  be¬ 
sides  the  cloths  from  which  he  makes  up  his  garments. 
Now  it  is  perfectly  obvious,  gentleman,  to  you  and  every¬ 
body  else,  from  every  day  experience,  that  people  in  this 
business  must  of  necessity  keep  lights  in  their  windows  to 
shoAV  off  their  goods.  But  according  to  Turner,  Mr.  Gault 
did  not  have  lights  during  that  quarter  in  his  windows.  He 
saw  none  ever,  though  he  usually  saw  them  in  the  back  part 
of  the  shop,  and  my  client  told  him  he  could  not  use  his 
window  lights.  There  never  was  a  more  shameless,  un¬ 
founded,  ridiculous  assumption  than  this.  Why,  gentlemen, 
look  at  it  an  instant.  Whatever  may  be  your  business,  if 
you  find  that  your  gas  lights  won’t  burn,  what  do  you  do  ? 
Is  it  not  to  go  directly  to  the  Gas  Company  and  tell  them  to 
come  immediately  and  fix  your  apparatus  ?  Do  they  say 
they  are  very  busy  to-day,  and  can’t  come  till  to-morrow  ? 
Your  reply  at  once  is,  —  “  Then  come  to-morroAv  !  ”  Would 
any  of  you  wait  for  three  months  ?  By  no  means.  How 
absurd  then  to  suppose  that  any  one  in  my  client’s  business 
would  wait  for  any  such  time. 

Again,  Turner  is  confident  that  Hooper  &  Co.  put  in 
these  gas  fixtmes.  How  does  he  know  ?  Why  —  he  heard 
a  man  say  so  !  This,  too,  after  having  before  been  cautioned 
as  to  mere  hearsay  statements.  Does  such  a  witness,  gentle¬ 
men,  show  a  proper  respect  to  the  law  —  a  decent  regard  for 
the  truth  —  a  just  appreciation  of  his  oath?  Not  at  all. 
He  comes  upon  the  stand  swift  for  the  plaintiflF,  and  deter¬ 
mined  to  go  through,  without  knowledge,  without  memory, 
and  depending  only  on  his  imagination.  This,  then,  is  the 
great  contradiction  of  our  evidence. 

One  moment  more,  gentlemen.  It  is  admitted  by  the 
learned  counsel  for  the  plaintiffs,  that  the  gasometer  is  not 
an  accurate  measure.  It  was  so  laid  down  in  his  opening  — 
but  that  it  is  the  most  accurate  measure  of  gas  yet  discov- 
ere.  Then  he  started  with  this  proposition  ;  —  that  though 
we  may  not  have  had  as  much  gas  as  is  charged,  by  a  strict¬ 
ly  accurate  measurement,  still  we  had  some.  Our  meter 


57 


MR.  chase’s  closing  ARGUMENT. 

made  a  number  of  revolutions  which  were  indicated  on  the 
register,  and  the  figures  of  the  index  were  taken  off.  There¬ 
fore  we  ought  to  pay.  But  you  see,  and  he  sees  the  diffi¬ 
culty  at  the  very  outset.  We  ask  him  to  tell  us  how  much 
we  have  had  —  not  by  guess-work,  but  with  accuracy.  The 
Company  cannot  do  it' —  and  they  don’t  pretend  to. 

Another  thing.  According  to  Mr.  Hibbard's  testimony, 
the  radiation,  illumination,  or  light,  depends  upon  the  den¬ 
sity  of  the  substance  burned.  And  Mr.  Blake  says  the  rev¬ 
olutions  of  the  meter  machine  will  indicate  the  escape  of 
one  foot  of  dense  gas  in  no  other  or  different  manner  than 
the  escape  of  the  same  quantity  of  rare.  The  wheel  will 
revolve  no  further  nor  faster  in  the  one  case  than  in  the 
other.  But  if  light  depends  upon  density,  then  density  is 
what  we  bargain  for  when  we  buy  light  —  and,  according  to 
the  plaintiffs  own  scientific  evidence,  the  meter  measure¬ 
ment  is  utterly  irrespective  of  the  density  of  the  gas  that 
passes.  I  burn  ten  cubic  feet  of  the  rarest  gas  to-night,  and 
the  index  shows  that  I  have  burnt  ten  feet.  But  to-morrow 
I  burn  another  ten  feet,  and  the  index  shows  no  more,  and 
yet  I  have  used  the  gas  perhaps  three  times  as  long  as  be¬ 
fore,  because  it  is  more  dense.  This  evidence  as  to  the  illu¬ 
minating  power  of  gas  depending  upon  its  density,  is  the 
opinion  of  a  scientific  gentleman  —  as  every  body  who  lis¬ 
tened  to  Mr.  Hibbard  must  be  well  eonvinced  —  and  one 
whose  perfect  competency  and  intelligence  are  combined  with 
a  modesty  which  entitles  them  still  more  to  respect.  It  is 
confirmed,  too,  by  Mr.  Blake.  And  I  might  almost  rest  the 
case  here  —  upon  this  single  point,  that,  in  order  accurately 
to  get  at  the  value  of  gas,  it  is  necessary  to  weigh  as  well  as 
measure  it.  This,  they  say,  cannot  be  done.  Mr.  Blake 
says  that  gas  is  weighed  in  small  quantities,  but  that  it  is 
not  practicable  to  weigh  large  amounts  on  account  of  the 
great  size  of  the  vacuum  requisite.  The  reasoning  is  good 
so  far  as  it  goes — but  it  is  not  for  Mr.  Blake,  or  any  other 
individual,  to  absorb  all  the  intelligence  or  inventive  poAver 
of  the  age ;  to  say  that  a  thing  cannot  be  done,  or  that  a 
machine  cannot  be  constructed,  by  which  it  may  be  done. 
If  an  instrument  can  be  made  to  weigh  one  foot  of  gas,  why 
not  to  Aveigh  one  hundred  ?  And  if  one  hundred,  why  not  a 
thousand?  And,  in  this  age  of  human  improvement  and 
scientific  progress,  where  are  we  to  stop  ? 

But,  gentlemen,  let  me  say  that  I  do  understand  other  gas 
measures  than  these  meters  to  be  used  elsewhere.  I  am  in¬ 
formed  that  measures  of  weight  —  the  only  true  test  of  the 
density,  illuminating  power,  and  value  of  gas  —  are  used  in 


58 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAtTLT. 


England  at  this  day.  You  need  not  be  surprised  that  such 
a  test  should  be  applied,  elsewhere,  to  the  measurement  and 
sale  of  gas,  but  should  rather  wonder  that  it  is  not  applied 
every  where.  Because  it  is  the  true  test  —  and  the  only  true 
test. 

Gentlemen,  I  am  profoundly  ignorant  of  machinery.  John 
Randolph,  they  say,  declared  he  would  at  any  time  go  a  mile 
out  of  his  way  to  kick  a  sheep  —  and  I  would  at  any  time 
go  a  good  deal  out  of  my  way  to  avoid  a  case  that  had  any 
thing  to  do  with  machinery  or  mechanical  details.  I  shall 
say  nothing  to  you  about  the  construction  or  details  of  these 
meters,  neither  shall  I  enter  into  any  dissertation  on  the 
properties  of  oxygen,  or  hydrogen,  or  their  compounds.  All 
that,  I  leave  to  my  very  learned  and  scientific  brother  who 
will  follow  me.  But  this  I  will  say,  that  just  as  an  old 
clock,  though  constructed  upon  the  most  scientific  principles, 
may  vary  from  the  sun’s  course  two  hours  out  of  the  twen- 
ty-foirr — so  these  machines  may  vary  three  thousand  feet, 
in  every  ten  thousand  of  actual  gas  consumption,  and  yet  the 
scientific  evidence  shall  be  that  their  construction  is  all  right. 

The  witnesses  whom  the  plaintiffs  have  put  upon  the  stand, 
are  all  paid  men  of  the  corporation,  except  Mr.  £  lake,  and  he 
is  the  nephew  of  my  very  worthy  and  good  friend,  the  Agent 
of  the  Corporation.  Is  it  asked  what  interest  has  he  ii  this 
business  ?  What  interest  has  he  not,  except  perhaps  an  im¬ 
mediate  pecuniary  one  ?  Has  he  not  been  here  day  after  day, 
all  the  time  of  this  trial,  and  even  before  it  was  ready  to  come 
on  ?  He  has  —  you  know  it.  I  saw  him  eager  to  get  upon 
the  stand  and  give  his  testimony  for  a  Company  Avhich  has 
long  employed  him,  though  he  has  quitted  their  service  now. 
I  accuse  him  of  no  improper  motive,  and  take  his  testimony 
with  every  possible  allowance  for  him.  But  it  is  clear  that 
he  does  take  much  interest  in  the  result  of  this  case.  All 
his  conduct  shows  it. 

I  have  said  it  was  necessary  for  the  plaintiff  to  satisfy  you 
on  each  and  all  the  points  he  set  up.  Has  he  done  so  ?  Let 
me  ask  you  for  a  moment  seriously  to  recall  some  of  his 
most  important  testimony,  and  particularly  a  portion  of  that 
given  by  Mr.  Turner,  as  to  the  use  of  gas  by  the  defendant. 
Has  7V;-ner  said  it  was  the  plaintiff’s  gas  —  has  he  identi¬ 
fied  it  ?  Not  at  all.  But  suppose  he  had  —  then  look  to  this 
meter  which  they  have  placed  before  you.  What  trace  is 
there  of  that  meter’s  connection  with  the  gas  fixtiues  in  my 
client’s  store  ?  Not  any.  Mr.  Slader  says  this  meter  was 
taken  away  from  our  cellar  —  another  witness,  that  it  ivas 
from  the  cellar  of  the  adjoining  store.  —  Turner  ixQxex  saw  it 


MR.  chase’s  closing  ARGUMENT. 


59 


there  at  all.  He  never  saw  it.  They  may  bring  in  a  meter 
as  often  as  they  choose,  and  say  it  is  a  true  one  —  but  they 
have  offered  no  proof  whatever  of  the  enjoyment  by  us  of 
that  meter.  There  is  no  evidence  about  it,  but  that  of  Mr. 
Byrnes,  who  found  a  shelf  on  which  a  meter  had  stood,  but 
he  never  traced  any  connection  of  any  meter  to  us.  It  is 
the  part  of  the  plaintiffs  to  show  such  connection  between 
this  meter  they  have  produced  in  Court,  and  the  burners 
which  the  defendant  used — and  if  there  is  the  least  doubt 
of  that,  then  we  say,  the  defendant  is  not  bound  to  pay. 

Gentlemen,  the  case  for  the  defence  is  about  closed.  The 
plaintiff  comes  into  Court  to  recover  payment  of  this  gas 
bill,  and  he  seeks  to  establish  his  claim  by  a  certain  course 
of  proof.  He  brings  in  first,  a  small  book  —  the  register- 
book  —  containing  an  account  of  the  state  of  the  meter,  and 
then  attempts  to  confirm  this  by  a  large  book  —  the  leger  — 
which  is  a  mere  transcript  of  the  figures  in  the  other,  made 
by  another  person.  He  then  puts  in  the  testimony  of  the 
bill-collector  and  others,  to  the  fact  that  defendant  had  paid 
gas  bills  before  —  and  goes  on  to  introduce  a  multitude  of 
witnesses  as  to  the  construction,  operation  and  accuracy  of 
his  instruments.  It  is  quite  unnecessary  to  refer  to  them 
further. 

What  has  the  defendant  done  ?  He  has  asked  you  to  be 
satisfied,  under  the  instructions  of  the  Court : — 

1st.  That  the  plaintiffs  have  proved  their  case. 

2d.  That  the  measures  they  use  are  legal  measures.  But 
the  Court  has  set  aside  this  inquiry  at  this  stage  of  the  case, 
and  for  the  pmpose  of  having  a  trial. 

3d.  That  their  meters  are  accurate  measures  of  the  gas 
consumed  —  which,  we  say  cannot  be,  because  there  is  an 
inherent  inaccuracy  in  all  tests  which  are  not  tests  of  densi¬ 
ty,  the  only  true  criterion  of  value. 

4th.  That  they  do  not,  as  a  custom  —  as  we  say  they 
do  —  charge  more  or  less  at  one  place,  than  another,  for  the 
same  quantity  of  gas. 

If,  on  any  one  of  these  points,  you  are  not  clearly  and  en¬ 
tirely  satisfied,  then  I  boldly  ask  you  to  render  a  verdict  in 
favor  of  my  client. 

One  word  more,  gentlemen,  and  I  shall  have  done.  The 
defence  has  put  on  the  boy  Poster,  the  defendant’s  appren¬ 
tice,  who  has  testified  that  Mr.  Gault  did  burn  a  certain 
amount  of  gas,  and  the  learned  counsel  seemed  to  seize  up¬ 
on  this  as  conclusive  in  his  favor.  Unquestionably  he  did 
burn  some.  But  no  man  brought  to  trial  on  an  account  is 
bound  to  pay  what  is  not  proved  against  him.  If  the  mat- 


60 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


ter  is  kept  out  of  Court,  and  settled  oii  any  terms  whatever, 
it  is  nobody’s  business  but  that  of  the  parties  themselves. 
But  here  we  have  been  dragged  into  Comt,  and  before  a  jury, 
neck  and  heels  —  and  we  stand  on  our  rights.  Let  the  plain¬ 
tiff  prove  that  we  had  his  gas  for  this  quarter,  and  how 
much  we  had  of  it  —  let  him  show  that  we  had  one  farth¬ 
ing’s  worth  from  him,  or  abandon  his  claim  to  that  one 
farthing  from  us.  At  all  events,  gentlemen,  he  must  clearly 
prove  the  fact  which  he  asserts,  before  you  will  give  him  the 
verdict  which  he  seeks. 

Mr.  Chase  having  finished  his  argument  for  the  defence, 

Mr.  Whiting  proceeded  to  close  for  the  plaintitfs,  as  fol¬ 
lows  : — 

May  it  please  your  honor,  and  you,  gentlemen  of  the  jury. 

You  have  learned,  gentlemen,  from  my  colleague,  who 
opened  this  protracted  trial,  that  the  claim  for  which  this 
suit  is  brought,  is  the  sum  of  $25.55  —  the  price  of  7,300 
cubic  feet  of  gas,  which,  we  say,  was  supplied  by  the  plain¬ 
titfs,  to  the  defendant,  during  the  three  months  preceding  the 
first  day  of  January,  1848.  In  order  to  maintain  our  case, 
it  is  necessary  for  us  to  prove  two  propositions  : —  first,  that 
the  plaintiffs  have  a  right  to  sue ;  and,  second,  that  they  did 
supply  gas  to  the  defendant,  which  he  useff  during  the  time 
above-mentioned. 

1st.  As  to  the  right  to  sue.  The  plaintiffs  come  into 
Court  as  a  Corporation,  not  as  individuals,  and  it  is  neces¬ 
sary  for  us  to  satisfy  you  that  they  have  the  right  to  bring 
this  action.  To  this  end,  we  have  produced  their  act  of  in¬ 
corporation  by  the  Legislature,  and  evidence  that  the  Corpo¬ 
ration  has  been  duly  organized.  But,  in  order  to  save  time, 
om  right  has  been  admitted,  and  is  not,  therefore,  to  be 
considered  here. 

2d.  We  must  also  prove  that  during  this  quarter  of  a 
year  —  from  October,  1847,  to  January,  1848,  the  plaintiffs 
did  supply  some  gas  to  the  defendant.  On  this  point  — not 
being  aware  what  course  the  counsel  for  the  defence  would 
take — we  intended  to  call  attention  to  the  charges  on  the 
Company’s  books ;  the  registers  of  their  meters  in  general, 
and  of  this  one  in  particular ;  the  fact  that  the  defendant  has 
paid  previous  bills  according  to  the  register  of  this  same 
meter  by  which  he  now  is  charged ;  and  to  various  other 
circumstances  which,  no  doubt,  you  recollect.  But  all  ar¬ 
gument  as  to  this  is  now  rendered  unnecessary  by  the  testi¬ 
mony  of  Gault’s  own  witness  —  Otis  Foster,  by  Avhom  the 


MR.  whiting’s  argument. 


61 


fact  is  proved  that  he  did  burn  gas  during  this  period.  He 
therefore  is  estopped  from  denying  it,  because  he  cannot  dis¬ 
credit  his  own  Avitness.  There  is  now  no  room  for  contro¬ 
versy  on  that  point. 

Mr.  Chase  here  interrupted,  and  said  that  Foster's  testi¬ 
mony  was,  that  four  gas  burners  only  Avere  used  —  not  that 
the  plantiffs  furnished  the  gas  consumed. 

Mr.  Whiting  resumed.  Well,  sir,  this  statement,  in  con¬ 
nection  Avith  the  facts  —  that  those  four  burners  communi¬ 
cated  Avith  our  service-pipes,  mains  and  gasometer ;  that 
Gault  paid  bills  to  us  before  for  gas ;  that  he  complained  to 
the  plaintiffs  that  the  gas  he  had  of  us  “  did  not  Avork  right,’"’ 
and  Avanted  to  knoAV  ‘‘  why  he  could  not  be  attended  to  as 
well  as  others  ” — is  quite  enough.  Gentlemen,  I  will  not 
Avaste  your  time  in  arguing  this  point.  When  my  oppo¬ 
nent  shall  have  satisfied  you  that  there  Avas  any  other  Gas 
Company  in  Boston,  except  the  plaintiff’s,  Avhich  could  have 
supplied  the  gas  used  by  his  client  —  it  will  then  be  soon 
enough  to  look  further  into  this  question. 

There  is,  hoAvever,  another  point  Avhich  it  is  necessary  for 
us  to  prove ;  viz: — that  the  price  charged  to  the  defendant, 
is  a  fair  and  reasonable  price  for  the  gas  supplied.  It  has 
been  put  in  evidence  that,  formerly,  five  mills  per  cubic  foot 
Avas  the  price  at  Avhich  the  plaintiffs  furnished  their  gas  ;  that 
the  charge  Avas  subsequently  reduced  to  four  mills,  and  af- 
terAvards  to  three  and  a  half  mills  per  foot.  The  books  of 
the  Company,  and  the  bill  against  the  defendant,  Avhich  you 
have  before  you,  shoAV  the  charge  for  this  quarter  to  be  three 
and  a  half  mills  —  and  Ave  have  proved  that  Mr.  Gault  has 
paid  previous  bills  at  the  same  rate.  This  course  of  dealing 
between  the  parties  is  conclusive  against  the  defendant,  un¬ 
less  he  can  sIioav  that  for  this  last  quarter  of  1847,  he  made 
a  neAV  bargain  Avith  us.  Is  there  room  for  any  such  pre¬ 
tence  ?  Has  the  defendant  attempted  to  put  in  an  atom  of 
testimony  to  that  effect  ? 

But  another,  and  the  last,  question  relates  to  the  quantity 
of  gas  supplied.  In  other  words,  it  is  Avhether  the  quantity 
charged  to  Mr.  Gault  in  this  bill,  is  substantially  the  quantity 
actually  furnished  to  him  during  this  quarter.  If  he  had 
more  than  he  is  charged  Avith,  he  cannot  complain.  If  he 
had  less  Ave  do  not  ask  a  verdict  at  your  hands. 

It  is  true  that  we  come  into  Court,  and  before  the  Jury, 
as  a  Corporation  —  but  Ave  are  none  the  less  the  representa¬ 
tives  of  several  honest  and  respectable  gentlemen,  some  of 
whom,  doubtless,  are  personally  known  to  you  —  and  they 


62 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


are  not  only  willing,  but  anxious,  to  do  what  is  right.  We 
do  neither  expect  you,  gentlemen,  to  entertain  a  prejudice 
against  us  because  we  are  an  association  for  the  purpose  of 
manufacturing  gas,  nor  a  prejudice  against  the  defendant,  be¬ 
cause  he  is  a  tailor.  We  ask  what  is  just,  and  nothing  more. 

Now,  although  the  amount  in  dispute  is  but  the  paltry  sum 
of  ^25.55,  you  cannot  but  be  aware  that  the  event  of  this 
suit  is  of  very  great  consequence  to  the  plaintiffs,  while  it 
can  be  of  comparatively  little  to  the  defendant.  It  can  be  a 
matter  of  no  moment  to  Mr.  Gault  whether  he  shall  pay 
^23,  $24,  or  $25,  for  this  quarter’s  bill.  But  it  is  of  the  ut¬ 
most  importance  to  us  that  —  after  a  full  and  elaborate  hear¬ 
ing  of  the  case,  and  a  thorough  display  of  all  our  machinery 
and  processes  of  measurement  —  you,  gentlemen,  and  through 
you,  the  community,  shall  be  satisfied  that  in  our  dealings 
we  act  like  honest  men,  and  not  like  rogues. 

The  legal  costs  of  the  trial,  too,  are  comparatively  trifling. 
We  have  introduced  only  seven  witnesses,  and  the  defendant, 
I  believe,  has  called  something  less  than  twice  that  number. 
But  the  other  expenses  to  us  have  been  considerable,  as 
you  must  have  supposed  —  amounting  to  at  least  a  thousand 
dollars.  We  have  gone  to  this  cost,  not  to  collect  a  petty 
bill  of  twenty-five  dollars,  but  to  enable  the  Jury,  our  cus¬ 
tomers  who  use  our  gas,  and  the  citizens  at  large,  clearly 
and  fully  to  understand  the  system  of  our  business  —  to  see 
how  we  measure  our  gas,  and  how  we  make  our  charges : 
and  for  the  further  purpose  of  answering  —  nay,  of  annihi¬ 
lating  —  those  charges  which  the  counsel  for  the  defence  has 
been  instructed  to  bring  against  us.  Every  body  must  see 
that  it  would  be  better  economy  in  us  to  suffer  the  loss  of 
a  disputed  bill,  and  to  protect  ourselves  for  the  future  by 
shutting  off  the  delinquent’s  gas,  than  to  incur  this  dispro¬ 
portionate  expense  in  its  collection.  But  we  have  long  Avish- 
ed  to  test  the  question  of  our  ability  to  collect  our  bills  by 
law,  and  Ave  must  beg  your  indulgence,  therefore,  Avhile  Ave 
attempt  to  lay  before  you  —  to  the  best  of  our  poor  ability 
—  that  Avhich  Ave  Avish  to  be  knoAvm  to  eA^ery  body. 

We  have  stated  that  the  last  inquiry  in  this  case  relates  to 
the  quantity  of  gas  supplied  to  the  defendant,  according  to 
the  charge  in  this  bill.  And  as  to  this  point,  Ave  maintain 
tAvo  propositions : — 

1st.  That  the  number  of  cubic  feet  registered  by  the  me¬ 
ter  is  substantially,  and  for  all  practicaTpur poses,  correct. 

2d.  That,  under  the  circumstances  of  this  case,  the  de¬ 
fendant  is  legally  bound  to  pay  for  the  quantity  registered, 
whether  it  be,  or  be  not,  the  exact  number  of  cubic  feet  used 
by  him. 


MR.  whiting’s  argument. 


63 


Or,  to  state  them  in  different  terms,  we  say  : — 

Is?.  That  the  mimher  of  cubic  feet  of  gas  charged  to 
GaiUt,  is  the  quantity  used  by  him. 

‘Id.  That  whether  the  number  of  cubic  feet  charged  for., 
be  more  or  less  than  the  exact  quantity  used  by  him,  he  is 
bound  to  pay  that  charge,  provided  it  be  for  the  quantity  reg¬ 
istered  by  the  meter. 

Now,  as  to  the  first  proposition  —  that  the  number  of  feet 
is  correctly  charged,  or  that  the  plaintiff’s  charge  is  a  true 
one. 

This  branch  of  the  inquiry  involves  the  consideration  of 
the  mode  of  keeping  the  Company’s  books  of  accounts.  We 
have  shown  to  you  the  three  books  —  on  which  the  records 
of  the  meters  are  taken  —  their  charges  made  —  and  their 
cash  entered.  First,  the  meter  register  book ; — second,  the 
journal  or  leger  ;  and  third,  the  cash  book.  They  will  all  be 
placed  before  you,  and,  if  you  choose  to  do  so,  you  can  ex¬ 
amine  the  state  of  every  gas  consumer’s  account  for  a  dozen 
years,  and  for  every  quarter  of  each  year.  You  have  it  in 
proof,  too,  that  the  clerk  of  the  Corporation  is  sworn,  under 
the  provisions  of  the  Statutes  of  the  Commonwealth,  to  make 
true  entries,  and  keep  true  records.  He  does  not  stand  in 
the  situation  of  a  merchant’s  clerk  —  to  whose  honor  alone 
his  employer  trusts  —  but  is  placed  under  the  solemn  sanc¬ 
tion  of  an  oath,  that  he  will  make  all  his  entries  truly.  He 
has  been  produced  here,  again  under  oath,  taken  on  the  stand, 
and  he  tells  you  that  he  has  performed  his  duty.  And  per¬ 
mit  us  to  remark,  in  passing,  that  of  all  the  witnesses  we 
have  produced,  not  a  single  man  of  them  is  interested  in  the 
Corporation  to  the  amount  of  one  cent.  It  is  charged,  and 
with  regard  to  some  of  them  truly  charged,  that  they  are  the 
hired  servants,  the  paid  agents  of  the  Company  ;  —  but  so  is 
my  brother  Chase  the  hired  agent  of  his  client,  and  I  trust 
he  will  be  liberally  paid.  Certainly  if  untiring  zeal  ever  can 
deserve  ample  remuneration,  my  indefatigable  opponent  is 
fully  entitled  to  it  here.  So  are  we  the  agents  of  our  clients, 
and  we  hope  to  be  generously  paid.  We  suspect  too,  gen¬ 
tlemen,  that  but  few  of  yourselves  have  reached  the  present 
hour  without  having  been,  at  some  period,  paid  for  your  ser¬ 
vices.  And  it  is  a  strange  charge  to  bring  against  any  man, 
that  he  cannot,  or  will  not,  tell  the  truth  about  his  employer’s 
business,  because  that  employer  pays  him  for  his  labor.  Yes, 
gentlemen,  some  of  our  witnesses  are  tbe  paid  servants  and 
agents  of  the  Boston  Gas  Light  Company  —  but  we  wdll 
venture  to  assure  you  that  if  any  one  of  them  should  tell  a 
single  falsehood,  he  would  be  so  no  longer.  It  is  not  neces¬ 
sary  to  say  more  on  this  topic. 


64 


BOSTON  GAS  LIGHT  COMPANY  VS.  \VM.  GAULT. 


Let  us  now  examine  the  modes  of  measuring  gas,  and 
making  charges  for  the  quantities  used. 

In  the  first  place,  the  persons  whose  duty  it  is  to  make 
records  of  the  state  of  the  meter-registers  —  the  meter  men, 
as  we  will  call  them  —  periodically  visit  all  the  meters  in 
the  city.  Each  man  carries  a  hook  prepared  by  the  clerk, 
with  its  folio,  consisting  of  two  pages,  ruled  from  top  to 
bottom,  so  as  to  leave  spaces  for  entering  a  number  of  col¬ 
umns  of  figures.  The  first,  or  left  hand,  column  contains 
the  name  of  the  street,  and  the  number  on  the  street,  of  each 
store  where  the  meters  are  stationed.  The  second  column 
is  left  blank,  to  be  filled  up  in  pencil,  by  the  meter-man, 
with  the  name  of  the  occupant  of  the  premises  for  the  time 
being.  These  pencil  marks,  it  is  true,  are  original  entries, 
but  not  entries  of  charges.  They  are  memoranda  from  Avhich 
to  make  original  entries,  in  the  journal,  and  are,  in  fact,  pre¬ 
cisely  like  the  memoranda  which  are  often  made  in  our  pock¬ 
et-books,  as  we  are  engaged  in  our  daily  business,  to  be  af¬ 
terwards  transcribed  into  our  original  entry  books.  They 
are  of  the  same  nature  as  the  accounts  we  keep  of  our  trav¬ 
elling  expenses,  to  be  entered  on  the  cash-book  when  we 
return  home.  The  names  of  the  streets  and  the  numbers  of 
the  stores  are  put  down  in  ink,  and  are  not  changeable ;  but 
the  names  of  the  occupants  of  the  stores  may  change,  as  fre¬ 
quently  they  do.  And  when  they  change,^  the  meter-man 
must  either  throw  aside  the  meter-book,  or  insert  the  name 
of  the  last  occupant.  Another  column  contains  an  entry  of 
the  number  of  the  particular  meter  in  each  store  — and  it  so 
happens  that,  in  this  book  before  you,  there  is  the  original 
entry  of  the  number  of  the  meter  in  Gault’s  store.  So 
that  it  is  identified  in  two  ways; — by  the  entry  in  the 
meter-book,  and  by  the  testimony  of  a  witness. 

The  right  hand  page  of  each  folio  of  the  register-book  is 
ruled  into  twelve  columns,  wherein  the  figures  indicated  by 
the  hands  on  the  index  of  the  meter,  are  copied  and  entered 
at  each  successive  quarter.  From  this  book,  they  are  enter¬ 
ed  upon  the  journal  of  the  Corporation,  and  never  changed. 
The  occupant  of  a  store  may  change  a  thousand  times  —  the 
record  of  the  state  of  the  meter  in  that  store,  at  any  one 
moment,  never.  You  will  find  the  figures  of  the  indexes 
recorded  for  every  quarter  for  fifteen  years  past.  The  me¬ 
ter-book  belongs  to  the  clerk,  and  just  before  the  end  of  each 
quarter,  it  is  placed  in  the  hands  of  the  meter-man,  who  com¬ 
mences  his  round,  takes  his  registers,  enters  them,  and  as  soon 
as  that  is  done,  returns  the  book  to  the  clerk,  who  then  copies 
the  entries  into  the  journal.  Thus  there  can  be  no  chance 


MB,,  whiting’s  argument. 


65 


of  perversion  or  alteration.  No  one  connected  with  the  Cor¬ 
poration,  except  the  clerk,  knows  the  state  of  the  various 
meters  —  Mr.  Darracott  himself  does  not,  unless  he  exam¬ 
ines  the  record  —  and  there  is  no  possibility  of  any  tamper¬ 
ing  with  the  accounts.  The  only  tampering  I  can  conceive 
of  is  with  the  meter  itself,  and  of  that  I  shall  presently  have 
occasion  to  speak. 

But  I  should  have  noticed  one  other  fact.  The  meter-man 
has  told  you  that  after  he  has  made  each  pencil  entry,  in  or¬ 
der  to  prevent  the  possibility  of  mistake — (and  we  know 
of  course  that  every  human  being  is  liable  to  mistake  at  times) 
—  he  examines  a  second  time  the  register,  or  index,  of  the 
meter,  and  if  there  is  the  slightest  inaccuracy  in  his  entry, 
he  at  once  corrects  it  on  the  spot.  And  certainly  there  is  no 
man  of  common  intelligence,  no  man  who  can  even  read  fig¬ 
ures,  but  can  tell,  in  twice  looking  at  an  index  so  plain  as 
this,  whether  his  transcript  of  that  index  be  true  or  not. 

Then,  gentlemen,  the  journal,  or  leger,  can  consist  of  nothing 
more  or  less  than  a  sworn  record  of  the  figures  of  the  indexes 
of  the  meters  from  the  meter-book.  The  amount  of  gas  con¬ 
sumed  in  any  one  quarter,  is  found  by  deducting  from  the 
amount  registered  at  the  end  of  that  quarter  the  amount  reg¬ 
istered  at  the  end  of  the  quarter  preceding.  Thus,  for  in¬ 
stance,  if  the  ditference  between  the  quantity  registered  at  the 
end  of  the  last  quarter  of  one  year,  and  the  quantity  register¬ 
ed  at  the  end  of  the  first  quarter  of  the  succeeding  year  be 
represented  on  the  index  by  the  numeral  figures  1,  9,  0  — 
the  amount  of  gas  consumed  in  that  first  quarter  will  be 
1900  feet.  You  may  examine  and  test  ten  thousand  differ¬ 
ent  instances,  and  still  you  will  not  detect  a  single  error. 
The  books  enable  you  to  try  the  experiment. 

The  cash-book,  like  all  cash-books,  contains  merely  entries 
of  payments  and  receipts. 

Gentlemen,  we  undertake  to  say  that  there  cannot  be 
found  a  set  of  books  kept  with  more  accuracy  and  beauty 
than  these.  We  are  proud  of  them.  We  rejoice  in  having 
an  opportunity  to  show  them  to  twelve  intelligent  men. 
And  besides,  this  is  almost  the  only  system  of  books,  in  re¬ 
gard  to  the  consumption  of  gas,  in  which  all  errors  correct 
themselves.  I  am  aware,  of  course,  of  the  beauty  of  the  Ital¬ 
ian  system  of  book-keeping  by  double  entry  as  applied  to 
mercantile  business,  but  the  Jury  will  readily  perceive  the  in¬ 
convenience  of  applying  that  method  to  a  business  like  this. 
But  in  our  simple  and  beautiful  system,  if  any  error  is  made 
in  one  entry  it  must  correct  itself  in  the  next,  if  the  meter 

continues  to  revolve.  If  not,  all  the  loss  is  the  Company’s, 
6* 


66 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


and  not  the  consumer’s.  Thus,  suppose  in  the  first  quarter 
of  1848,  from  January  to  April,  that  the  meter-man  has  made 
an  error  in  copying  the  index,  and  you  pay  for  more  gas  than 
you  have  actually  used.  In  the  next  quarter,  from  April  to 
July,  you  will  pay  for  just  as  much  less  than  your  real  con¬ 
sumption  as  you  were  overcharged  before.  Because  all  you 
pay  for,  this  quarter,  is  the  ditference  between  the  number  of 
feet  of  gas  recorded  by  the  index  for  the  last  quarter,  and 
the  number  recorded  at  the  end  of  this.  To  make  it  plain¬ 
er,  if  possible,  suppose  that  in  two  consecutive  quai'ters  you 
have  burned  equal  amounts  of  gas  —  say  fifty  feet  in  each, 
one  hundred  of  course  in  both.  But  suppose,  from  the  me¬ 
ter-man’s  mistake  in  copying  the  register,  he  puts  down  in 
his  book  the  figure  6  instead  of  5,  as  shown  on  the  dial,  and 
you  are  thus  charged  for  sixty  feet  instead  of  fifty,  for  the 
first  quarter.  At  the  end  of  the  next  the  register  indicates 
the  aggregate  consumption  of  one  hundred  feet  in  both, 
and  you  are  charged  for  the  difference  between  that  and  six¬ 
ty  feet  —  or  forty  feet  —  which  is  ten  feet  less  than  you 
have  used,  as  sixty  feet  was  ten  feet  more  than  you  burned 
in  the  first  quarter.  Some  of  these  meters  may  continue 
their  revolutions  for  a  life-time  without  requiring  to  have 
the  index  changed.  Those  which  have  five  dials,  for  exam¬ 
ple,  will  register  the  consumption  of  100,000  cubic  feet  of 
gas  for  each  revolution  of  the  hand  upon  the  fifth  dial.  And 
there  are  those  in  this  city  whose  meters  diave  continued 
their  uninterrupted  registration  for  fifteen  years. 

Thus  you  see,  gentlemen,  how  all  possible  errors  of  the 
meter-man  correct  themselves,  if  the  party  charged  continues 
to  consume  gas  —  and  we  believe  you  will  fully  justify  us 
in  the  compliment  we  have  paid  to  the  books  of  this  Cor¬ 
poration. 

One  more  fact  it  is  of  importance  to  bear  in  mind.  These 
meters  or  gas-measurers,  are  at  all  times  in  the  possession  and 
within  the  control  of  the  consumer,  and  not  of  that  of  the  Com¬ 
pany  ;  so  that  if  there  be  any  power  to  defraud,  it  is  the  power 
of  defrauding  the  Company,  and  not  the  consumer.  The  Com¬ 
pany  trust  to  the  honor  of  their  customers  —  not  the  custom¬ 
ers  to  the  honor  of  the  Corporation.  It  is  true  that  the  plain¬ 
tiffs  may  send  their  men  to  visit  the  meters  whenever  they 
please,  but  not  all  their  force  could  examine  twenty-five  hun¬ 
dred  of  these  instruments  in  any  one  day,  nor  can  any  one 
meter,  from  the  nature  of  things,  be  kept  under  constant  su¬ 
pervision.  But  the  index  being  constantly  in  the  possession 
of  the  consumer,  there  is  not  a  moment  when  he  may  not  see 
fmvmuch  his  register  indicates,  simply  hy  raising  the  slide  in 


MR.  whiting’s  argument. 


67 


front  of  the  dial ;  and  every  time  when  the  meter-man  comes 
to  take  the  state  of  the  instrument,  he  may  look  over  him, 
if  he  pleases,  and  satisfy  himself,  at  the  instant,  that  a  true 
entry  is  made.  There  is  no  conceivable  way  in  which  he 
could  be  better  guarded  against  imposition  or  mistake. 

But  there  is  one  source  of  mistake,  or  misfortune,  to  the 
Corporation.  When  the  index  of  the  meter  ceases  to  move, 
no  gas  at  all  is  registered.  In  this  case  we  are  obliged  to 
leave  it  to  the  honor  of  the  consumer  to  pay  for  whatever 
quantity  he  thinks  he  has  burned.  It  is  the  custom  in  such 
instances,  to  make  out  the  bills  for  a  quarter  in  which  the 
index  of  the  register  has  not  moved,  for  an  estimated  aver¬ 
age  of  the  usual  consumption,  or  according  to  the  amount 
consumed  in  corresponding  quarters  of  previous  years.  These 
are  called  “estimated  bills,”  and  in  every  case  the  word  “  es¬ 
timate’^  is  written  on  the  bill  before  it  is  sent  out,  and  the 
collector  is  instructed  to  tell  the  consumer  that  if  he  is  not 
satisfied  with  the  charge,  he  may  pay  whatever  he  thinks 
right.  It  is  left  to  his  honor  to  pay  the  estimated  amount, 
or  to  pay  for  what  he  thinks  he  used,  or  to  pay  nothing 
at  all  —  as  he  pleases.  Out  of  all  the  witnesses  on  the 
stand,  Mr.  James  T.  Johnson  is  the  only  one  who  ever  re¬ 
ceived  such  a  bill  —  and  he  produced  it,  with  the  Avord  “  es¬ 
timate”  upon  it.  You  remember  his  testimony,  gentlemen  ; 
—  that  his  m-eter  had  stopped  —  that  he  had  burned  gas  dur¬ 
ing  that  quarter — that  his  bill  was  presented  by  the  collect- 
tor,  who  told  him  that  he  would  average  it,  or  compare  it 
with  the  corresponding  quarter  of  the  year  before,  or,  if  he 
was  not  content  with  that,  he  need  not  pay  any  thing  —  and 
that  he  agreed  to  an  average.  This  is  the  only  such  in¬ 
stance  now  in  evidence. 

Such,  gentlemen,  is  our  system  of  making  our  entries 
and  charges  —  and  a  more  clear  or  precise  method  we  are  at 
a  loss  to  conceive  of.  You  see  all  the  books  before  you,  and 
if  you  will  have  the  patience  to  make  a  thorough  examination 
into  them,  and  can  find  a  single  flaw,  there  is  not  one  mem¬ 
ber  of  the  Corporation  who  will  not  be  greatly  obliged  to 
you  if  you  will  point  it  out.  All  this  having  been  clear¬ 
ly  shown,  as  we  hope,  may  we  not  say  that  it  is  not  too 
much  for  us  to  assume  that  the  entries  in  this  particular  case 
of  Gault’s,  were  justly  and  correctly  made  ?  Nobody  has 
had  any  thing  to  do  with  them,  except  the  meter-man  and 
the  clerk,  neither  of  whom  has  the  slightest  interest  to  falsify 
in  favor  of  the  Company,  and  one  of  whom  is  sworn,  before¬ 
hand,  to  make  true  record  in  every  instance.  Nor  yet  has 
there  been  any  attempt  to  impugn  their  accuracy. 


68 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


Now  having  proved,  as  Ave  trust  we  have,  that  the  7300 
cubic  feet  is  the  amount  registered  on  the  index  of  the  me¬ 
ter,  we  come  to  the  very  important  question  as  to  the  accu¬ 
racy  of  the  measurer,  or  instrument  itself — that  is,  whether 
or  not  the  index  truly  indicates  the  number  of  cubic  feet  con¬ 
sumed  1 

Is  the  Gas  Company's  meter  a  reaso7iably  true'  measure 
of  the  gas  which  passes  through  it  7 

In  order  to  determine  this  question,  you  must  understand  the 
nature  of  the  article  to  be  measured.  The  substance  which 
we  supply  to  our  customers  is  not  like  corn  or  water,  Avhich 
may  be  handled,  measured  and  weighed,  under  the  pressure 
of  atmospheric  air,  and  whose  weight  or  measure  Ave  can  tell 
by  the  eye  or  the  scale  —  but,  on  the  contrary,  to  Aveigh  and 
measure  our  gas  Ave  must  apply  the  methods  and  expedients 
pointed  out  by  those  Avho  are  instructed  in  these  matters. 
And  for  you,  gentlemen,  to  determine  the  question  noAv  to 
be  considered,  you  must  resort  to  your  OAvn  common  sense, 
guided  and  enlightened  by  principles  of  science. 

The  article  of  gas  Avhich  aa^o  furnish  is  not  the  same  as 
that  supplied  by  the  Gas  Companies  in  England,  nor,  so  far 
as  Ave  knoAv,  in  any  other  country.  It  is  not  the  same  as 
that  of  Philadelphia — and  though  my  brother  Chase  has 
stated  it  to  be  similar  to  that  burned  in  NeAV  York,  Ave  are 
under  the  impression  that  he  is  misinformed.  We  think,  on 
further  examination,  that  he  Avill  find  our  gas  to  differ  con¬ 
siderably  from  that  made  by  almost,  if  not  quite,  all  large 
manufactories  now  knoAvn.  Our  gas  is  a  very  great  improve¬ 
ment  OA^er  the  English  article,  being  a  mixture  of  carburetted 
and  bi-carburetted  hydrogen.  Carbon,  as  you  all  knoAiq  is 
but  perfectly  pure  charcoal,  and  hydrogen  is  a  familiar  gas 
—  one  of  the  elements  of  AAmter.  Hydrogen  itself  is  com¬ 
bustible,  but,  Avhen  burnt  alone,  it  gh'es  out  only  a  slight, 
thin  flame,  somewhat  like  that  of  spirits  of  Avine  —  producing 
but  little  light.  Noav  carburetted  hydrogen  is  nothing  more 
than  infinitely  small  particles  of  carbon,  or  pure  charcoal  in 
the  gaseous  form,  united  Avith  infinitely  small  particles  of 
hydrogen.  But  bi-carburetted  hydrogen  is  composed  of  par¬ 
ticles  of  hydrogen  united  Avith  a  greater  proportion  of  carbon. 
The  gas  furnished  by  the  Boston  Gas  Light  Company,  con¬ 
sists  of  about  fifty-five  joer  ce7it.  of  carburetted,  and  forty-five 
per  cc7it.  of  bi-carburetted  hydrogen.  Carburetted  hydrogen 
is  composed  of  one  measure  of  hydrogen  united  Avith  half  a 
measure  of  carbon,  in  the  form  of  a  gas.  Bi-carburetted  hy¬ 
drogen —  sometimes  called  Olefia7it  gas  —  is  composed  of 
equal  measures  of  carbon  and  hydrogen.  Repeat  this  mea- 


MR.  whiting’s  argument. 


69 


sure  of  carburetted  and  bi-carburetted  hydrogen,  in  these 
proportions,  until  they  fill  a  cubic  foot  of  space,  at  the  av¬ 
erage  pressure  of  the  atmosphere,  and  when  the  thermometer 
of  Fahrenheit  stands  at  sixty  degrees,  —  and  you  will  then 
have  a  cubic  foot  of  our  gas. 

This  bi-carburetted  hydrogen  will,  of  course,  burn.  It  is 
lighter  than  atmospheric  air  by  about  one  half — though 
some  combinations  vary  in  specific  gravity  from  .444  to  .700, 
or  from  nearly  .4  to  .7.  The  average  may  be  taken  at  about 
.55,  and  that  approximates  to  the  specific  gravity  of  the  gas 
we  furnish.  Thus  our  gas  is  rather  more  than  half  as  heavy 
as  atmospheric  air.  You  see  how  very  subtle  a  substance 
this  gas  is — that  it  is  not  like  water,  or  carbonic  acid  gas, 
which  you  may  pour  from  one  vessel  to  another  in  the  open 
air,  as  the  superior  weight  of  the  air  would  displace  the  gas 
in  any  open  vessel. 

Now,  gentlemen,  considering  what  is  the  sort  of  substance 
we  have  to  deal  with,  let  us  see  how  we  are  to  manage  to 
convey  it  from  one  end  of  Boston  to  the  other,  and  distribute 
it  to  the  burners  of  our  customers  as  they  may  require. 

This  gas,  like  all  others,  is  compressible  and  elastic,  or  ex¬ 
pansive.  You  may  fill  a  cylinder  with  it  —  say  a  common 
syringe,  with  its  lower  end  closed — and  by  forcing  down 
the  piston  you  will  compress  it  more  and  more,  according  to 
the  power  you  are  able  to  employ.  The  same  may  be  done 
with  air  —  as  is  seen  in  the  air-match,  where  the  compression 
of  the  air  in  the  cylinder  creates  so  much  heat  as  to  ignite 
substances  placed  on  the  bottom  of  the  piston.  Hydrogen 
and  oxygen,  compressed  or  united,  make  water ;  and  water 
may  again  be  resolved  into  its  elementary  gases  by  a  vol¬ 
taic  battery.  Water  itself  is  susceptible  of  compression, 
though  but  to  a  very  small  degree.  And  the  same  principle 
of  compressibility,  under  pressure,  holds  good  with  regard  to 
all  gases ;  and  when  under  pressure,  of  course  their  density 
is  greater  than  it  would  otherwise  be. 

This  gas  of  ours  is  made  from  pit  coal,  bituminous  coal, 
which  is  placed  in  iron  cylinders  —  technically  called  retorts 
—  and  heated  to  about  a  cherry -red  heat.  At  that  tempera¬ 
ture  the  coal  begins  to  give  off  gas,  composed  of  carburetted 
and  bi-carburetted  hydrogen,  combined  with  carbonic  acid 
gas,  sulphuretted  hydrogen,  and  various  other  matters  —  in 
which  state  it  could  not  well  be  used  for  the  purpose  of  illu¬ 
mination.  When  the  retorts  have  been  kept  at  this  heat  for 
about  four  hours,  the  gas  is  very  nearly  all  expelled  from  the 
coal  —  leaving  it  the  substance  called  coke,  which  is  then 
taken  out  of  the  retorts.  But  as  the  compound  of  various 


ro 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


gases  and  acids  that  we  have  obtained  cannot  be  burned,  or 
at  best  would  give  but  a  miserable  light,  it  is  necessary  to 
purify  it.  For  this  purpose  it  is  forced  into  purifiers  and 
passed  through  lime-water,  or  a  solution  of  potash,  or  some 
other  alkali,  by  which  process  every  thing  except  the  car- 
buretted  and  bi-carburetted  hydrogen  is  separated.  It  is 
then  passed  into  the  great  gasometer,  or  gas-holder,  whence 
it  is  forced,  by  the  pressure  of  a  portion  of  the  weight  of  the 
gasometer,  into  the  great  street  pipes,  or  mains,  and  in  them 
carried  to  every  part  of  the  city.  From  the  mains  it  is  con¬ 
ducted  by  service-pipes  to  the  premises  of  the  consumers, 
carried  into  the  meters,  and  by  fixtures  —  or  the  small  pipes 
in  the  premises  —  delivered  to  the  burners  where  it  is  finally 
used.  Thus  the  supplj'-  is  constant  at  all  times  of  the  day  and 
night.  But  as  the  Company  cannot  at  one  time  make  more 
gas  than  the  gasometers  will  hold,  and  since,  if  they  should 
make  less  there  might  be  danger  of  an  insufficient  supply  — 
they  are  obliged  to  regulate  the  amount  of  supply  according 
to  the  amount  of  gas  consumed ;  and  this  is  easily  seen  by 
the  register  at  the  Gas  Works,  which  shows  the  amount 
made,  the  amount  distributed,  and  the  amount  on  hand  at  all 
hours  of  the  day  and  night. 

The  gas  is  injected  into  the  street  mains  by  a  pressure 
nearly  uniform,  which  is  accomplished  by  a  most  beautiful 
mechanical  contrivance,  similar  to  that  exhibited  to  you  in 
our  experiments  here. 

l\Iy  able  opponent  has  admitted,  what  I  knew  he  would 
not  deny,  that  the  practical  manufacture  of  gas  was  a  most 
valuable  result  of  chemical  science.  Gentlemen,  gas  gives 
us  the  most  beautiful,  luxurious,  convenient  and  economical 
light  in  the  world.  It  burns  with  more  brilliancy  and  con¬ 
stancy  than  any  other  substance  that  can  be  generally  used, 
and  is  less  dangerous,  because  it  is  not  liable  to  be  carried 
about.  It  is  produced  from  coal  —  a  material  of  which  na¬ 
ture  has  given  us  an  inexhaustible  supply,  as  if  with  a  special 
view  to  its  continual  necessity  in  the  manufacture  of  this 
glorious  light.  The  fact  that  such  enormous  quantities  of 
gas  are  used  —  not  only  here,  and  in  this  country,  but  through¬ 
out  the  whole,  civilized  world  —  proves  at  once  not  only  its 
value,  economy,  and  beauty,  but  also  shows  what  an  incal¬ 
culable  saving  it  has  effected  in  human  and  animal  life,  by 
dispensing,  in  part,  Avith  the  necessity  for  common  oil  —  an 
article  obtained  only  at  the  greatest  risk  of  life,  and  at  a  very 
heavy  expense.  And  let  us  for  a  moment  suppose  that  for  a 
few  years  past  we  had  had  no  gas,  and  yet  that  the  commu¬ 
nity  had  required  as  much  light  from  oil  as  it  has  had  from 


MR.  whiting’s  argument. 


71 


gas  during  that  period  ?  We  think  that  even  those  of  the 
discontented  who  grumble  loudest  at  their  bills  would  have 
found  that  the  mere  rise  in  the  cost  of  oil  within  those  few 
years,  would  far  exceed  the  whole  amount  they  have  paid 
for  all  their  gas-light.  Nature  does  not  produce  whales  ad 
mjinitum,  and  exactly  token  they  are  wanted  to  supply  an 
increased  demand  for  oil  —  but  gas  can  be  had  in  any  quan¬ 
tity,  at  any  time  required.  And  therefore  it  is  that  we  say, 
gentlemen,  that,  to  this  and  every  civilized  community,  gas 
is  a  benefit  and  a  blessing.  And  every  Corporation  that 
makes  it  is  a  public  benefactor.  Every  man  who  cheapens 
that  which  every  body  must  use,  confers  a  benefit  on  the 
whole  mass.  The  Gas  Companies  do  cheapen  that  article  of 
prime  necessity — light  —  and  not  only  so,  but  they  bring 
it  within  the  means  of  poor  and  humble  men,  who,  but  for 
gas,  would  be  deprived  of  a  large  portion  of  the  light  they 
now  may  enjoy. 

But  in  order  to  have  light  thus  cheap  and  plenty,  several 
things  are  necessary.  To  make  gas  cheap,  it  must  be  man¬ 
ufactured  in  large  quantities.  To  make  it  in  large  quanti¬ 
ties,  a  great  expenditure  of  capital  is  requisite  at  the  outset. 
And  to  obtain  this  large  capital  there  must  be  a  combination 
of  several  individuals,  or  a  Corporation.  No  one  man,  unless 
his  pocket  were  of  true  “  aldermanic  ”  capacity,  would  think 
of  risking  $300,000  in  the  experiment  of  supplying  a  city 
with  gas.  My  brother  rises  to  interrupt  me.  Well,  to  ac¬ 
commodate  him,  we  will  take  off  $30,000  —  and  say  that  no 
single  judicious  individual  would  risk  $270,000  in  such  an 
experiment.  No  one  would  embark  in  the  undertaking  un¬ 
less  he  had  associates  to  share  in  the  risk  as  well  as  to  par¬ 
take  of  the  profits.  No  one  man  would  build,  at  the  hazard 
of  all  his  fortune,  a  railroad.  It  must  be  done  by  an  associa¬ 
tion,  a  clubbing  together  of  purses  and  of  minds.  That  was 
the  way  the  Western  Railroad  was  built  —  that  was  the  way 
the  Gas  Company  was  established  —  that  is  the  way  that 
every  heavy  manufacture  must  be  undertaken.  For  unless 
it  be  so,  individuals  cannot  manufacture  so  enormous  a  quan¬ 
tity  of  the  article  they  deal  in  as  is  necessary  to  render  it 
cheap. 

The  nature  of  this  gas  is  such  that,  if  mixed  with  atmos¬ 
pheric  air  in  certain  proportions,  it  is  infinitely  more  explo¬ 
sive  than  either  gunpowder  or  gun-cotton.  Its  explosive 
force  is  irresistible.  And  therefore  its  manufacture  is  at¬ 
tended  with  immense  risk  —  so  great  that  no  insurance  Com¬ 
pany  in  the  world  can  be  prevailed  upon  to  issue  a  policy 
on  gas-works,  and  no  individual  can  afford  to  run  the  hazard 


72 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


by  himself.  Consequently,  to  obtain  this  article  of  absolute 
necessity  at  a  cheap  rate,  we  must  resort  to  a  Corporation. 
It  is  a  Corporation  alone,  “  monster  ”  though  it  be,  that  can 
give  us  gas  —  and  however  hideous  it  may  appear  to  my 
brother  Chase,  it  bears  a  very  benignant  aspect  to  the  poor 
man  whose  midnight  toil  is  rendered  cheerful  by  its  light. 

We  wish  you  now,  gentlemen,  to  imagine  for  a  moment 
that,  by  some  miracle,  all  kiiown  modes  of  measuring  gas 
should  be  lost.  Suppose  the  works  to  be  constructed  as  they 
now  are,  but  the  meters  to  be  destroyed.  People  must  have 
light,  and  each  man  would  continue  to  draw  from  the  pipes 
as  before.  But  what  could  the  Company  do  ?  How  would 
they  stand  ?  By  what  conceivable  method  could  they  get  a 
fair  remuneration  for  what  they  furnished,  or  tell  whether 
they  got  it  or  not  ?  Suppose,  again,  instead  of  delivering 
the  gas  in  each  man’s  store  or  house,  as  at  present,  the  Com¬ 
pany  should  require  every  one  to  come  to  the  works  with 
his  air-tight  canister,  and  carry  off  his  purchase  ;  —  or,  like 
the  baker  and  the  milk-man,  should  send  round  their  own 
servants  to  leave  each  customer’s  supply  at  his  premises. 
You  see  at  once  that  where  considerable  quantities  are 
burned,  a  great  space  would  be  required  to  hold  the  daily  or 
nightly  supply.  A  theatre  for  instance  would  need  a  large 
room  to  contain  the  gas  used  in  a  single  evening.  And  who 
is  there  that  does  not  perceive  that  the  expense  and  inconve¬ 
nience  of  either  of  these  Avays  would  be  so  great  that  nobody 
would  use  the  gas  at  all.  This  is  not  matter  merely  of  ar¬ 
gument  or  conjectiue.  The  experiment  was  tried  in  Eng¬ 
land,  where  a  Company  undertook  to  send  round  the  gas, 
greatly  condensed  or  compressed  in  bulk.  But  they  speedily 
abandoned  the  attempt,  and  with  good  reason.  Why,  gen¬ 
tlemen,  consider  the  immense  danger.  You  shall  have  your 
daily  supply  of  gas  compressed  into  a  gallon  measure  and 
placed  in  your  cellar  till  you  need  it  for  use.  By  the  care¬ 
lessness  of  your  sen^ants,  by  fire,  or  by  one  of  the  thousand 
accidents  that  are  continually  occurring,  it  explodes  —  and, 
to  use  a  phrase  of  the  street,  you  are  blown  into  the  middle 
of  next  Aveek.  And  this  Avould  be  liable  to  happen  at  any 
moment. 

The  next  expedient  is  to  let  the  party  interested  inform 
the  Company  hoAv  much  he  has  burned,  and  pay  for  that 
quantity.  That  might  do  A'ery  well  in  certain  cases.  Hon¬ 
est  men  Avill  not  cheat  the  Company,  and  they  may  be 
trusted.  But  possibly  there  may  be  some  among  the  consu¬ 
mers  of  gas  Avho  are  not  honest  men  —  and  in  that  case  the 
Company  Avould  suffer  greatly.  It  is  possible,  Ave  Avill  say. 


MR.  whiting’s  argument. 


73 


that  a  tailor,  or  any  body  else,  may  shut  up  his  shop,  close 
his  windows,  send  his  clerks  and  boys  home  at  eight  o’clock, 
and  then  —  on  account  of  a  quarrel  with,  or  a  grudge  against 
the  Gas  Company,  or  for  his  own  convenience  —  keep  his 
lights  burning  all  night.  And  at  whose  expense  ?  Do  you 
suppose  he  would  permit  it  to  be  at  his  own,  if  the  Company 
had  no  means  of  proving  the  amount  consumed  or  wasted  ? 
Certainly  not. 

It  is  quite  certain  that  any  gas -making  Company  would 
sink  into  gradual,  but  inevitable,  ruin,  if  every  man  were 
permitted  to  use  what  gas  he  might  want,  and  to  pay  for  it, 
much  or  little,  at  his  pleasure.  Most  persons  wish  to  have 
their  tax-bills  made  as  small  as  possible  —  and  many  people 
grumble  at  the  amount  of  their  taxes,  though  they  not  only 
have  the  privilege,  themselves,  of  furnishing  the  valuation 
of  their  estates  to  the  assessors,  but  are  expressly  invited  to 
do  so.  And  although  these  valuations  are  made  by  disinter¬ 
ested  persons,  and  are  doubtless,  in  general,  quite  correct  and 
equal  —  yet  complaints  of  their  injustice  and  inequality  are 
almost  universal.  Does  not  this  fact  show  that  men  are  gen¬ 
erally  unjust  judges  when  called  on  to  decide  cases  involving 
their  own  interests  ?  Would  not  the  same  difficulty  arise  if 
they  were  called  on  to  adjust  their  quarterly  accounts  for 
gas?  Would  they  not  just  as  much  grumble  at  their  bills,, 
as  they  now  do  at  their  taxes?  Would  not  they  tell  us  — 
as  Gault  has  told  us  —  that  they  had  burned  less  in  this 
quarter  than  they  did  during  the  last,  though  charged  for 
the  same  quantity  ?  And  might  they  not  allege  the  same 
fact,  even  though  the  watchmen  on  duty  should  prove  to  us 
that  their  lights  were  burning  till  morning,  night  after  night  ? 
But  we  have  said  enough  to  show  that  this  system  of  trust¬ 
ing  to  men’s  “say  so”  is  not  one  in  which  you,  or  any 
rational  men,  would  choose  to  deal.  The  trader  uses  his 
yard-stick,  his  scale,  or  his  measure.  Business  cannot  go 
forward  without  them.  No  one  would  be  so  insane  as  to 
say  to  a  crowd  of  purchasers  —  “Gentlemen,  there  is  my 
cargo  —  let  each  take  what  he  desires,  and  make  up  his  own 
estimate  of  what  he  has  taken.”  If  the  amount  of  the  pur¬ 
chaser’s  goods,  instead  of  being  determined  by  measurement, 
were  to  be  settled  by  his  estimate,  or  judgment,  however 
honest,  who  can  doubt  that  mistakes  Avonld  multiply  ?  And 
if  this  be  so,  in  relation  to  subjects  on  which  men  have  most 
experience,  and  the  best  opportunities  of  judging  —  how 
much  more  would  they  err  on  subjects  like  the  one  before 
us  —  the  conjectural  admeasurement  of  gas,  which,  from  its 
nature,  precludes  all  opportunity  of  the  consumer  becoming 


74 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


familiar,  by  experiment,  with  its  qualities,  or  with  the  veloc¬ 
ity  of  its  passage  through  the  pipes  ! 

Then  it  is  obvious  that  we  must  necessarily  have  some 
measure,  some  contrivance  to  determine  the  quantity  of  gas, 
and  one  that  shall  be  reasonably  accurate.  It  is  not  necessary 
that  it  shall  be  incapable  of  error,  but  that  it  shall  be  substan¬ 
tially  accurate  and  just  —  to  the  consumer,  and  the  manufac¬ 
turer.  And  such  a  measure  we  have  —  as  we  shall  attempt, 
I  hope  not  unsuccessfully,  to  prove.  For  greater  conve¬ 
nience,  we  will  separate  the  proof  on  this  head  into  two 
classes. 

1st.  Proof  by  experiment  —  actual  demonstration  to  the 
senses. 

2d.  Proof  by  philosophical  demonstration. 

And,  first,  by  actual  experiment.  That  yoxi  have  seen 
exhibited  before  you  in  the  adjacent  entry.  A  distinguished 
practical  engineer  and  mathematician,  has  measured  the  cu¬ 
bical  contents  of  the  gasometer  which  you  have  seen  tried, 
and  has  twice  gone  through  with  his  calculation,  to  make 
“  assurance  doubly  sure.”  He  has  testified  that  it  contains 
precisely  two  cubic  feet  of  space.  You  witnessed  the  per¬ 
formance  of  this  gasometer,  of  the  Edinburgh  proof  meter, 
and  of  Mr.  Gault’s  meter.  And  you  saw  that,  in  their  mea¬ 
surement  of  gas,  they  precisely  corresponded  with  each  other. 
It  has  been  testified  by  numbers,  and  denied  by  nobody, 
that  every  meter  is  carefully  tried  at  the  Company' s  office  be¬ 
fore  it  is  permitted  to  go  out.  And  how  is  it  tested?  Its 
correctness  is  demonstrated  to  the  senses  in  the  same  way 
that  you  saw  the  correctness  of  this  meter,  here,  demon¬ 
strated  the  other  day.  There  is  stationed  at  the  office  of  the 
Corporation,  in  Washington  street,  this  same  most  carefully 
constructed  gasometer  —  which  it  cost  $900  to  import  from 
Scotland,  and  which  is  as  accurate  as  human  hands  could 
make  it.  A  pipe  from  the  street  main  at  any  time  fills  it 
with  gas.  The  gas  is  forced,  by  a  slight  pressure,  from  this 
instrument,  and  passed  into  what  is  called  the  Edinbm-gh 
proof  meter  —  an  instrument  made  by  one  of  the  most 
eminent,  careful,  and  correct  machinists  in  the  world  —  one 
which  has  been  repeatedly  tested  and  never  found  in  the 
least  erroneous  —  and  thence  successively  delivered  into  and 
passed  through  a  row  of  meters  ready  to  be  tested.  The 
same  gas  is  passed  through  all  of  them,  and,  to  avoid  the 
possibility  of  mistake,  not  one  foot  only,  but  ten  feet  are 
sent  through  each  meter,  so  that  every  error  is  magnified 
tenfold,  and  must  become  apparent  to  the  eye.  If  any  one 
meter  does  not  exactly  conform  to  the  standard,  it  is  taken 


MR.  whiting’s  argument. 


75 


off,  carried  into  a  different  apartment  and  regulated  to  the 
required  degree  of  accuracy  by  raising  or  lowering  the  level 
of  the  water-line,  upon  which,  as  you  have  learned,  the  ad¬ 
justment  of  the  instrument  depends.  And  now,  ive  say  to 
you,  gentlemen,  that  no  measure  ever  used  in  this  market  — 
no  quart,  no  bushel  measure,  no  pound  weight  —  was  ever 
tested  with  more  pains,  more  care,  more  skill,  than  this  Com¬ 
pany  employ  in  the  trial  of  every  one  of  their  meters.  We 
have  shown  you  the  experiment.  We  passed  two  feet  of 
atmospheric  air,  in  the  first  place,  through  the  gasometer, 
the  proof  meter,  and  Gault’s  meter  —  and  you  found  them 
all  exact.  We  then  passed  tv^'o  feet  of  gas  through  each  of 
these  instruments,  and  you  saw  that  they  all  measured  ex¬ 
actly  alike.  Every  body  Avho  witnessed  that  trial  knows, 
by  the  evidence  of  his  senses,  that  Gaulfs  meter  xvas  per¬ 
fectly  accurate. 

Thus  we  have  shown,  by  actual  experiment,  ocular  de¬ 
monstration,  incontrovertible  proof,  that  the  meter  before  you 
is  correct  in  all  respects.  I  shall  not  spend  time  in  attempt¬ 
ing  to  prove  that  this  identical  instrument  was  Gault’s  meter. 
There  is  a  number  upon  it,  and  that  same  number  is  recorded 
in  the  Company’s  books  as  that  of  the  meter  sent  to  the 
premises  of  the  defendant.  That  it  was  placed  in  the  cellar 
which  extended  under  an  adjacent  building  is  true.  But  it 
is  identified  by  the  books,  and  by  the  man  who  removed  it. 
And  whether  it  was  stationed  immediately  in  the  premises 
of  Ross,  or  of  Gault  —  whether  Ross  occupied  the  cellar  un¬ 
der  Gault’s  shop  or  not — is  of  no  consequence  at  all,  pro¬ 
vided  you  know  that  this  was  Gault’s  meter.  I  will  not 
waste  time  on  that.  But,  if  the  learned  counsel  has  suc¬ 
ceeded  in  persuading  any  one  of  you  to  suppose  that  the 
plaintiffs  would  be  mean,  cowardly,  wicked  enough  to  at¬ 
tempt  to  palm  off  any  other  person’s  meter  upon  his  client 
as  his  own,  I  hope  that  you  will  not  only  give  him  your 
verdict,  but  that  you  will  do  your  best  to  annihilate  their 
reputation  as  honest  men. 

It  appears  that,  at  some  time,  Gault’s  meter  had  leaked, 
thus  lowering  the  Avater-line.  It  folloAvs  that  Gault  has  had 
the  benefit  of  more  gas  than  his  meter  has  registered.  The 
leakage  has  at  some  time  been  stopped  by  solder ;  and  thus 
restored  to  its  true  action  —  to  that  action  Avhich  has  been 
proved  correct.  The  counsel  for  the  defendant  has  chosen 
to  call  this  “  tampering  ”  with  the  meter  !  But  our  Avork- 
men  on  the  stand  Avere  asked  if  they  took  the  meter  apart  ? 
They  said  no.  It  Avas  soldered  because  it  Avould  not  hold 
the  right  quantity  of  Avater,  but  that  soldering  could  not 


76 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


make  the  capacity  of  the  instrument  either  more  or  less,  nor 
could  it  alter  the  wheel.  The  only  tampering  it  was  possible 
to  etfect  was  the  lowering  of  the  water-line,  thus  enlarging 
the  amount  measured  by  each  revolution  of  the  drum,  and 
that  we  think  somebody  did  do,  before  we  took  it  from  the 
defendant’s  premises.  But  we  charge  nothing  of  the  kind 
upon  the  defendant. 

Now,  gentlemen,  we  have  shown  to  you  the  actual  per¬ 
formance  of  this  meter,  and  if  any  more  conclusive  demon¬ 
stration  of  its  correctness  can  be  conceived  of,  I  confess  I 
know  not  what  it  is.  It  is  tried  in  your  presence,  and  you 
see  with  your  own  eyes  that  it  measures  just  exactly  what 
we  say  it  measures,  and  neither  more  nor  less.  No  attempted 
sophistry,  no  eloquence  of  counsel,  can  undermine  your  con¬ 
fidence  in  that  plain,  simple  fact.  And,  therefore,  we  say 
that  by  this  test  of  actual  experiment  we  have  shown  that 
the  gas  meter  is  a  true  measure  of  gas  —  that  each  revolution 
of  its  drum,  or  wheel,  indicates  the  passage  of  a  “  measured 
amount  ”  of  gas.  It  is  a  true  measure  of  quantity  —  though 
we  do  not  pretend  to  assert  that  it  measures  in  any  wise  the 
density  of  the  fluid.  But  of  that  hereafter. 

AVe  come  uoav  to  the  second  point  of  the  proof  — the  phi¬ 
losophical  demonstration. 

At  this  stage  of  the  argument  the  Court  adjourned  till  the 
next  day. 


Thursday,  Aug.  3rd. 

The  Court  and  Jury  being  in  their  seats,  the  case  was  re¬ 
sumed,  and  — 

Mr.  AA'hiting  continued  his  address  to  the  Jury. 

AAdien  the  Court  adjourned  yesterday,  gentlemen,  I  was 
endeavoring  to  explain  the  operation  of  the  meter,  and  to 
demonstrate  its  accuracy  as  a  measure  of  the  quantity  of  gas 
that  passes  through  it.  A"ou  will  recollect  the  point  at  which 
we  had  arrived,  that  it  was  established  by  ocular  demonstra¬ 
tion,  eye-proof,  that  both  the  Edinburgh  and  Gault’s  meters 
were  in  perfect  conformity  to  the  gasometer — and  furthermore, 
that  the  gasometer  itself  had  been  proved  true  by  the  testi¬ 
mony  of  a  sworn  man  of  science.  Mr.  Hoyden  measured  it 
here,  and  has  stated  to  you  its  exact  capacity.  You  then 
saw  the  two  cubic  feet  of  air  whicli  it  contains,  passed 
through  the  two  meters  on  the  platform  in  the  entry,  and 
noted  their  performance.  AAY  shall  now  proceed  to  the  sec¬ 
ond  branch  of  the  demonstration  of  the  meter’s  accuracy, 
which  I  shall  derive  from  the  construction  and  operation  of 


MR.  whiting’s  argument. 


77 


the  machine.  I  shall  endeavor  to  show,  so  that  all  may  see, 
how  it  is  that  a  cubic  foot  of  gas,  in  passing  through  the 
meter,  causes  a  revolution  of  the  wheel,  and  how  that  revo¬ 
lution  marks  the  escape  of  a  cubic  foot  of  gas  upon  the  index 
of  the  register.  I  know  it  is  not  an  easy  matter  to  clearly 
explain  the  simplest  machine,  and  that  with  regard  to  one 
so  complicated  as  this,  the  difficulty  is  greatly  enhanced. 
But  if  I  shall  succeed  in  enabling  you  to  understand  the  prin¬ 
ciple  and  operation  of  these  meters,  one  great  object  which 
the  Company  have  in  view  will  have  been  accomplished. 
We  trust  to  be  able  to  show  you  the  philosophy  of  the  in¬ 
strument —  to  convince  you  that  it  is  no  empirical  contriv¬ 
ance,  but  a  machine  which  works  with  the  same  regularity 
as  a  clock  —  to  demonstrate  that,  if  it  goes  at  all,  it  must  go 
truly  ;  and  that,  if  it  does  not  go,  the  error  of  measure¬ 
ment  is  all  in  favor  of  the  consumer.  Yesterday  I  en¬ 
deavored  to  explain  how  the  gas  was  made,  and  conducted 
from  the  great  gasometer  to  the  meters.  Now  it  remains  to 
show  how  it  passes  into  and  through  the  meters,  and  from 
them  to  the  small  pipes  leading  to  the  burners. 

[  N.  B.  At  this  period  of  the  argument,  it  became  wholly 
impossible  for  the  Reporters  to  transcribe  Mr.  Whiting’s 
rapid  explanation  of  the  meter,  assisted  as  it  was  by  a  skele¬ 
ton  model,  which  he  took  to  pieces  before  the  Jury.  We 
therefore  subsequently  applied  to  him  to  write  out  a  de¬ 
scription  of  the  instrument  ;  and  have  been  furnished  with 
the  succeeding  statement — much  briefer,  and  less  copiously 
illustrated,  than  was  his  explanation  to  the  Jury  —  but  yet 
sufficient,  it  is  believed,  with  the  aid  of  the  diagrams  which 
will  be  found  in  the  Appendix,  to  give  a  competent  idea  of 
the  machine.  It  may  be  proper  to  state  that,  after  the  coun¬ 
sel  had  got  through  that  part  of  his  argument  which  contain¬ 
ed  his  description  of  the  meter,  he  particularly  inquired  of 
the  Jury  whether  they  fully  understood  its  nature  and  opera¬ 
tion,  and  was  answered  in  the  affirmative  by  all  of  them. 

The  following  is  the  written  description  obtained  from 
Mr.  Whiting,  who  also  prepared  the  originals  of  the  draw¬ 
ings,  which  were  afterwards  presented  in  perspective,  on 
wood,  by  Mr.  M.  G.  Wheelock.] 

The  object  to  be  accomplished  by  this  instrument,  is  the 
measurement  of  gas,  as  it  is  flowing  from  the  service  pipes 
to  the  burners.  There  have  been  various  meters  construct¬ 
ed.  The  one  we  use  is  as  simple  as  the  nature  of  such  an 
instrument  will  permit  it  to  be.  It  is  represented  complete,  in 

7* 


78 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


figure  VIII  of  the  Appendix.*  The  outside  case  of  the  me¬ 
ter,  as  well  as  the  inside  drum,  is  usually  made  of  tin,  and 
the  former  is  painted.  The  case — that  which  encloses  the 
whole  apparatus  —  is  divided  into  two  compartments  or 
chambers  ;  the  front  compartment  is  smaller  than  the  other, 
and  is  the  part  projecting  in  front  of  the  cylindrical  cham¬ 
ber  ;  —  it  is  the  rectangular,  or  square-looking,  part  of  the 
instrument.  The  front  of  this  chamber  being  removed,  it 
would  present  the  appearance  of  the  part  marked  A,  B,  C.  D, 
in  figure  I.  In  ordinary  sizes,  this  chamber  will  measure 
about  nine  or  ten  inches  in  height,  and  seven  or  eight  in 
width,  and  projects  about  two  or  three  inches.  It  is  large 
enough  only  to  give  room  for  the  different  parts  which  will 
presently  be  described.  The  gas  is  introduced  by  a  pipe  — 
(E,  figure  I)  —  into  a  small  portion  —  (A,  figure  I)  —  of  the 
front  chamber,  which  is  partitioned  off  from  the  rest  and 
has  no  communication  with  it,  except  through  a  valve  — (P. 
figure  I).  This  valve  is  connected  with  a  hollow  ball  — 
(G,  figure  I)  —  which  floats  on  the  water  that  is  poured  into 
the  meter,  so  that  when  the  ball  rises  it  keeps  the  valve  F. 
open — when  it  falls  the  valve  closes  —  and,  when  it  is  clos¬ 
ed,  no  gas  can  pass  into  or  through  the  meter.  The  play 
of  this  valve  is  such  that  it  will  not  close  until  the  water¬ 
line  has  descended  so  far  below  its  proper  level  as  to  give 
the  measure  of  gas  twenty  y)e/’  cent,  too  large. 

The  meter  is  filled  with  water  to  the  height  of  the  hole 
— (H.  figure  I).  The  gas,  when  the  valve  F.  is  raised,  pass¬ 
es  downwards  through  that  valve  into  that  part  of  the  front 
chamber  which  is  above  water.  It  never  descends  through 
the  water,  because  it  is  of  less  specific  gravity,  but  passes 
from  the  front  chamber  through  an  orifice  in  the  partition  sep¬ 
arating  the  two  apartments,  into  the  large  cylinder,  or  drum, 
in  the  rear  apartment,  by  the  tube  or  pipe  —  (J.  figure  I). 
This  tube  is  represented,  in  a  side  view,  in  figure  II.  The 
straight  part  of  the  tube  is  all  that  is  seen  in  —  (J.  figure  I). 
It  is  hollow  in  all  parts,  and  the  straight  part  connects  Avith 
the  curved  part.  This  pipe  has  an  outlet  at  the  bottom  — 
(K.  figure  I)  —  which  is,  when  in  use,  stopped  with  a  screw. 
The  gas  passes  from  the  front  chamber  of  the  meter  down 
the  straight  part  of  the  pipe,  and  having  no  other  exit,  pass¬ 
es  through  the  crooked  arm  of  the  tube  into  the  drum  of  tlie 
meter  in  the  back  chamber.  Both  branches  of  this  pipe  are 
cut  off  just  above  the  level  of  the  water-line,  so  that  if  by 


♦The  various  figures  and  diagrams  referred  to  in  Mr.  Whiting’s  description,  will  be  found  in 
the  Appendix.  In  the  figure  I,  the  letter  F  should  have  been  placed  on  the  circular  valve  at 
the  end  of  tlie  three  wires  which  run  through  the  ball  G. 


MR.  whiting’s  argument. 


79 


any  accident  the  water-line  should  be  too  high,  the  water 
will  flow  into  the  pipe,  fill  it  up,  and  thus  prevent  any  gas 
from  passing  into  the  drum.  This  prevents  the  meter  from 
measuring  off  too  little,  thereby  indicating  too  much  on  the 
register  as  will  presently  be  explained. 

The  pipe  —  (B,  figure  I) — is  used  for  pouring  water 
into  both  chambers  of  the  meter,  and  when  the  water  is  in, 
is  closed  by  a  screw  at  the  top.*  The  gas  entering  the 
straight  part  of  the  pipe  (J,  figure  I)  is  conveyed  by  means  of 
the  curved  branch  (figure  II)  through  the  orifice  in  the  cen¬ 
tral  part  of  the  division  separating  the  front  from  the  rear 
compartments,  see  (figure  I)  and  through  the  orifice  of  the 
convex  plate  of  the  drum,  (figure  III)  into  the  space  which 
is  above  the  water  line  in  the  drum  behind  the  convex  plate 
(R.  figure  III)  but  in  front  of  the  parts  represented  in  figure 
lY.  A.  figure  IX,  represents  the  side  view  of  the  drum,  B. 
the  convex  cover,  the  orifice  in  the  division  plate  P.  C. 
represents  the  side  view  of  the  front  compartment  —  the  dot¬ 
ted  line  is  the  water-line  —  the  pipe  is  represented  as  when 
the  meter  is  in  operation,  with  its  curved  part  passing  through 
the  orifices  as  above  described.  These  orifices  are  an  inch 
or  more  in  diameter,  —  being  of  sufficient  size  to  permit  the 
crooked  arm  of  the  pipe,  (J,  figure  II,)  to  be  inserted  through 
them  both  (where  the  upright  part  stands,  as  in  (figure  I) —  ) 
without  touching  them,  or  in  anywise  preventing  the  revo¬ 
lution  of  the  drum.  The  front  plate  of  the  drum,  (R.  figure 
III,)  is  convex  towards  the  front  of  the  meter  —  being  raised 
in  the  central  portion,  say,  about  two  inches  above  the  plain 
of  the  perimeter,  and  soldered  on  to  the  front  end  of  the  drum, 
and  resembling  the  cover  to  a  common  tin  pail  with  a  hole 
through  its  centre.  This  arrangement  gives  room  for  the  pipe, 
and  space  for  the  gas  which  has  passed  through  it.  After  hav¬ 
ing  entered  behind  this  plate  of  the  drum,  the  gas  passes  into 
that  part  of  the  drum  represented  in  figure  lY  —  which  is  a 
drawing  showing  the  appearance  of  the  drum  after  this  front 
plate  or  cover  —  (R.  figure  III)  is  taken  off.  This  drawing 
represents  the  lips  of  the  chambers,  but  not  the  four  cham¬ 
bers  themselves.  They  are  indicated  by  the  dotted  lines. 

This  portion  of  the  drum  is  made  as  follows.  It  revolves 
on  an  axis  (Q,.  figure  III,  N.  figure  I,  Q,.  figure  lY).  It  con¬ 
sists  of  a  section  of  a  cylinder  divided  into  four  equal  com¬ 
partments,  formed  by  placing  four  planes  of  sheet  tin  so  that 
they  shall  extend  from  the  circumference  to  within  half  an  inch 
of  the  axis  of  the  drum.  The  front  edges  of  two  of  these 


In  this  figure,  the  orifice  at  D,  leading  into  the  front  chamber,  is  not  represented. 


so 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


planes  are  represented  by  dotted  lines  in  figure  IV.  These 
planes  are  placed  at  an  angle  with  the  direction  of  the  axis, 
somewhat  like  the  sails  of  a  windmill.  The  part  of  the 
planes  nearest  the  axis  is  hollowed  out,  or  cut  away  —  as 
in  figure  VI  —  in  order  that  while  the  wheel  is  revolving, 
partly  immersed  in  water,  the  water  may  at  all  times  readily 
find  its  level  both  inside  and  outside  of  the  drum,  and  may 
freely  flow  into  and  out  of  the  several  compartments  of  the 
wheel,  as  they  successively  rise  above,  or  go  below,  the  wa¬ 
ter-line.  But  when  each  of  these  particular  plates  comes 
successively  into  a  vertical  position,  the  space  between  its 
lower  edge  and  the  axis  is  filled  with  water  —  so  that  gas 
can  escape  from  the  chamber  in  no  other  place  than  out  of 
the  exit  below  to  be  described. 

The  mouth,  br  entrance,  to  each  of  these  compartments 
of  the  drum  as  (B.  figure  VII)  is  extended  downwards  by  a 
thin  plate,  or  lip  —  (C.  figure  VII) — so  that  the  gas  in  or¬ 
der  to  enter  into  chamber  B.  must  pass  behind  plate  C.  — 
that  is  to  say,  through  a  narrow  space  (averaging  one  fourth 
of  an  inch  in  width,)  behind  plate  C.  and  in  front  of  the 
next  chamber  of  the  drum  —  adjoining  on  the  left  hand  side 
of  B.  This  adjoining  chamber  is  not  represented  in  the 
drawing.  The  gas  having  entered  by  this  aperture  into 
chamber  B.  passes  out  from  an  aperture  constructed  like  the 
entrance  above  described — (A.  figure  VII).  ^That  is  to  say, 
it  does  not  pass  out  directly  from  the  rear  part  of  the  cham¬ 
ber,  but  goes  down  between  the  lip  A.  and  the  back  part  of 
the  chamber  next  adjoining  B.  on  the  right  hand  side.  This 
chamber  is  supposed  to  be  removed  in  order  to  represent  the 
exit,  in  the  drawing.  This  entrance-passage-way,  chamber, 
and  exit-passage-way,  taken  together,  extend  round  nearly 
one  half  of  the  circumference  of  the  drum  ;  —  so  that  when 
the  meter  is  filled  with  the  proper  quantity  of  water,  the 
mouth  enters  the  water  during  the  revolution  of  the  wheel, 
just  at  the  moment  that  the  exit  leaves  the  water  on  the  oppo¬ 
site  side.  In  figure  V,  C.  represents  the  entrance,  B.  the  cham¬ 
ber,  the  white  space  above  B,  the  exit  —  looking  from  above 
down  into  the  drum.  In  the  entire  wheel  there  are  four  of 
these  chambers,  thus  arranged  around  the  axis,  in  such  man¬ 
ner  that  the  body  of  the  lip  of  one  chamber  extends  part  way 
in  front  of  the  adjoining  chamber.  And  at  all  times  the  en¬ 
trance  to  one  chamber  must  be  above  water,  and  the  exit  to 
another  chamber  must,  at  the  same  time,  be  also  above  water. 

To  illustrate  the  operation  of  the  chambers  of  the  meter, 
suppose  that  a  hollow  tube  be  bent  into  the  shape  of  a  spiral 
spring,  and  then  the  whole  coil  be  equally  divided  by  a  plane 


MR.  whiting’s  argument. 


81 


passing  through  the  axis  of  the  coil  —  each  piece  of  the  tube 
(resembling  in  its  curve  somewhat  the  twist  of  a  cow’s-horn) 
—  of  which  we  suppose  there  are  four  —  is  arranged  around 
the  rim  of  a  wheel  in  such  manner  that  the  entrances  of  the 
tubes  shall  be  at  equal  distances  apart,  opening  in  front ;  and 
the  exits  shall,  by  the  coil  of  the  tube,  he  open  towards  the 
rear.  As  the  mouth  of  each  tube  rises  above  the  water,  it 
fills  with  gas  down  to  the  water’s  level ;  when  it  has  entire¬ 
ly  risen  above  water,  it  is  entirely  full  of  gas ;  when  the  en¬ 
trance  to  the  tube  plunges  again  into  water,  the  exit  rises 
above  water  on  the  opposite  side  of  the  wheel,  and  the  gas  is 
pushed  out  as  the  pipe  descends  below  the  water-line.  This 
process  is  repeated  four  times  at  each  revolution  of  the 
wheel. 

The  water  is  not  disturbed  from  its  level  by  the  revolu¬ 
tion  of  these  chambers  and  the  drum  which  contains  them, 
because,  as  each  chamber  is  filled  with  gas,  its  entrance  is, 
by  the  revolution  of  the  drum,  submerged  —  the  water  flow¬ 
ing  into  the  same  aperture  which,  when  above  water,  lets  in 
the  gas,  and  also  by  flowing  in  through  those  apertures  of 
the  partition  plates  above  described. 

As  each  chamber,  when  filled  with  gas,  is,  by  the  revolu¬ 
tion  of  the  wheel,  entirely  submerged,  the  gas,  all  the  while 
remaining  above  water,  is  pushed  out  of  the  exit  on  the  back 
side  of  the  drum.  But  no  gas  can  pass  through  the  cham¬ 
ber  until  the  exit  rises  above  water  ;  and  that  cannot  happen 
until  the  whole  chamber  is  filled  with  gas.  As  soon  as  it  is 
filled,  the  entrance  is  submerged,  and  the  exit  lets  out  the 
gas.  It  operates  in  a  manner  not  wholly  unlike  a  cutting 
machine,  in  which  a  bar  of  iron  is  carried  forward  by  cog¬ 
wheels  at  a  certain  regular  velocity,  and  pieces  are  cut  off  at 
a  certain  exact  length.  Each  revolution  of  the  drum  cuts 
otf  four  chambers  full  of  gas,  and  throws  them  out  at  their 
several  exits. 

The  cylinder  in  these  meters  moves  from  right  to  left. 
And  to  explain  the  cause  of  this  motion,  it  is  necessary  to 
observe  the  operation  of  the  gas  when  it  enters  one  of  the 
chambers.  Gas  being  expansive,  or  elastic,  exerts  its  force 
in  every  direction  —  but  its  force  is  neutralized  here  in 
every  direction  but  one ;  that  is,  the  force  exerted  on  the  di¬ 
vision  plates  between  the  chambers.  Thus  the  force  down¬ 
wards  is  resisted  by  the  water ;  the  force  outwards  is  resist¬ 
ed  by  the  axis  of  the  drum,  and  the  front  and  rear  sides  of 
the  chamber.  The  only  force  not  counteracted  is  against 
these  partitions,  and  they  are  therefore  pressed  forwards  from 
right  to  left ;  that  is,  contrary  to  the  direction  in  Avhich  the 


82 


BOSTON  GAS  LIGHT  CO.  VS.  WM.  GAULT. 


gas  passes  through  the  drum.  And  as  the  chambers  fill  and 
empty,  in  succession,  this  moving  power  is  exerted  with 
regularity  and  uniformity,  and  as  the  water  itself  makes  some 
resistance  to  the  motion  of  the  drum  which  is  partly  sub¬ 
merged,  (and  may  in  this  aspect  be  called  a  jaac/dZe-wheel,) 
this  resistance,  as  well  as  the  friction  of  the  machine  itself, 
requiring  the  pressure  of  the  gas,  (and  consequently  its  den¬ 
sity)  never  to  fall  below  that  degree  which  is  necessary  to 
produce  motion  —  tends  greatly  to  produce  an  uniformity  in 
its  density,  and,  in  short,  to  make  the  meter  approximate  to  a 
measure  of  density  as  well  as  of  quantity.  It  will  be  per¬ 
ceived  that  as  soon  as  the  exit  of  each  chamber  rises  above 
water,  all  resistance  to  the  free  passage  of  tlie  gas  is  removed 
—  excepting  the  pressure  of  the  gas  which  has  already  passed 
through  the  drum  ;  —  so  that  there  is,  therefore,  no  force, 
except  that,  to  counterbalance  that  of  the  gas  on  the  right 
hand  side  of  each  division  plate.  And  as  gas  passing  out  of 
the  meter  by  the  pipe  which  conducts  it  from  the  back  part 
of  the  top  of  the  cylinder  to  the  burners,  (see  fig.  8.)  is  grad¬ 
ually  consumed,  the  pressure  on  the  back  side  of  the  drum  is 
withdrawn,  and  thus  the  wheel  revolves  as  fast  as  the  gas 
passes  through.  The  arrangement  of  these  plates,  at  an  an¬ 
gle  with  the  axis,  facilitates  the  passage  of  both  gas  and 
water  through  the  instrument. 

Each  revolution  of  the  drum  measures'  a  certain  fixed 
part  of  a  cubic  foot,  or  a  certain  number  of  feet.  And  the 
mode  of  adjusting  the  machine  so  that  it  will  measure  ex¬ 
actly  one  cubic  foot,  or  a  determinate  part  of  a  foot,  is  this. 
The  part  of  the  drum  which  measures  gas,  is  that  which  is, 
from  time  to  time,  above  water  —  it  is  the  space  between  the 
surface  of  the  Avater  and  the  walls  of  the  drum.  That  space 
may  be  made  larger  or  smaller  by  raising  or  lowering  the 
water,  just  as  any  measure  may  be  enlarged  or  diminished, 
all  other  parts  being  stationary,  by  raising  or  lowering  the 
bottom.  Now  the  mode  of  regulating  the  height  of  the  wa¬ 
ter  is  as  follows. 

The  water  in  the  front  chamber  communicates  freely  Avith 
that  in  the  rear  chamber,  by  the  large  apertures  represent¬ 
ed  in  figure  IX.  A  small  hole  —  (H.  figure  I.)  —  is  made 
in  the  side  of  the  front  chamber,  stopped  by  a  screw 
Avhen  in  use.  This  hole  is  exactly  on  a  leAml  Avith  the  Avater 
line.  When  the  meter  is  made,  it  is  tested  by  passing  a 
number  of  cubic  feet  of  gas  through  it.  If  it  indicates  too 
much,  the  hole,  Avhich  regulates  the  height  of  the  A\mter  line 
is  loAvered  ;  if  too  little,  it  is  raised  —  and  then  permanently 
fixed  in  its  exact  place.  By  opening  this  hole,  if  the  Avater 


MR.  whiting’s  argument. 


83 


is  too  high  it  will  run  out ;  if  it  is  twenty  per  cent,  too  low’’, 
the  valve  F,  will  close.  But  as  the  water  in  the  meter  will, 
by  use,  continually  evaporate,  it  must  he  replenished  from 
time  to  time.  And  to  save  the  necessity  of  a  constant  attend¬ 
ance  on  the  meter  for  this  purpose,  a  small  reservoir  — 
(Z.  figure  I.) — is  frequently  attached  to  it,  communicating, 
by  the  pipe  X,  with  the  front  chamber  ABCD.  The  valve 
—  (T.,  figure  I.) — is  the  place  by  which  it  is  filled  wdth 
water,  the  stop-cock  V  being  closed  to  prevent  the  water 
from  running  into  the  meter  when  the  reservoir  is  filling. 
After  it  is  full  the  valve  T  is  closed  and  the  valve  V 
opened.*  The  pressure  of  gas  —  which  exceeds  the  pressure 
of  one  atmosphere  —  upon  the  water  in  the  meter,  sustains 
the  wmter  iirthe  reservoir  so  that  it  cannot  descend  until  the 
water  in  the  meter  has  fallen  below  the  top  of  the  pipe  X. 
When  this  happens,  the  wmter  descends  into  the  meter  and 
gas  rises  into  the  reservoir,  until  the  water  again  rises  to  its 
true  level,  covering  the  orifice  of  the  pipe  X. 

Thus  the  meter  is  kept  so  that  there  can  be  hut  a  slight 
variation  in  its  capacity  above  the  water-line ;  and  it  is 
therefore,  w^hile  in  working  order,  compelled  either  to  stop 
the  flow  of  gas  entirely,  by  the  filling  of  the  pipe  —  (J.  figure 
I.)  —  with  Avater,  or  by  closing  the  valve  —  (F.  figure  I.)  — 
or  else  its  revolutions  must  measure  correctly. 

Now,  if  each  revolution  measures  a  cubic  foot  —  the  next 
thing  is  to  examine  the  mode  in  Avhich  the  number  of  those 
revolutions  is  indicated  by  the  machine.  This  is  done  in  a 
simple  manner.  On  the  end  of  the  front  part  of  the  axis  of 
the  cylinder  —  (N.  figure  I.)  —  is  fastened  a  never-ending 
screw.  This  screw  tiuns  a  cog-wheel — (M.  figure  I.) 
That  Avheel  turns  an  axle  L,  Avhich  by  a  system  of  cog¬ 
wheels,  like  clock-work,  turns  the  hands  on  the  dial  plate 
marked  “cents.”  These  dial  plates  are  marked,  like  the 
faces  of  clocks,  from  one  to  ten,  inclusive.  A  certain  num¬ 
ber  of  revolutions  of  the  cylinder  is  made,  by  this  gearing, 
to  move  the  index  of  the  right  hand  dial  from  0  to  1,  or  from 
1  to  2.  One  enthe  revolution  of  this  index  causes  the  index 
of  the  middle  dial  to  move  from  one  figure  to  the  next.  So 
that  the  first  dial  show’’s  the  number  of  feet,  the  second  the 
tens,  and  the  thud  the  hundreds  of  feet.  Or,  what  is  a  more 
common  arrangement,  the  first  dial  indicates  ten  feet  by  the 
passing  of  the  index  from  1  to  2  —  and  in  that  case,  the  next 
dial  indicates  hundreds,  the  thud,  thousands,  and  a  fourth 
dial,  tens  of  thousands  of  feet.  The  index  on  the  first  dial, 

»The  valve,  reservoir,  stop  cock,  and  pipe  leading  from  the  reservoir  to  the  square  chamber, 
are  shown  in  figure  8. 


84 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


Starting  at  0  or  10,  moves  towards  the  right ;  that  on  the 
second  towards  the  left ;  that  on  the  third  towards  the  right ; 
that  on  the  fourth  towards  the  left  —  and  so  on  —  because 
the  first  cog-wheel,  by  which  they  are  carried  round,  moving 
itself  in  one  direction,  causes  that  one  which  connects  with 
it  to  move  in  the  opposite  direction. 

Thus  the  machine  operates  in  the  same  manner  as  though 
a  succession  of  buckets,  each  containing  one  cubic  foot  in 
measure,  had  been  filled  with  gas,  emptied,  and  filled  again ; 
and  the  index  shows  the  number  of  times  that  this  operation 
has  been  repeated. 

Y on  have  thus  had,  gentlemen,  so  far  as  I  have  been  able 
to  make  my  statements  intelligible,  a  description  of  the  meter 
and  the  mode  of  ascertaining  the  quantity  of  gas  consmned 
by  each  customer.  And  you  will  also  remember  that  it  was 
testified  to  you,  that  the  Company  delivers  about  eight  per 
cent,  more  to  consumers  than  is  ever  accounted  for  or  paid 
for.  They  make  allowance  for  leakage,  and  for  all  errors 
which  experience  has  shown  to  be  nearly  unavoidable,  but, 
after  all,  are  glad  to  escape  with  a  loss  of  only  eight  per 
cent.  —  which  loss  arises  either  from  the  meters  being  out  of 
order,  or  from  a  registration  of  less  than  the  number  of  cubic 
feet  of  gas  actuallly  consumed.  This  fact  is  proved  by  the 
testimony  of  the  former  foreman  of  the  works,  and  by  a  com¬ 
parison  of  the  Company’s  books  of  charges  and  receipts,  with 
their  records  of  manufacture. 

It  is  also  established,  beyond  controversy,  so  far  as  any  fact 
can  be  established  by  testimony,  that  all  errors  of  the  meter., 
the  measm-ing  instrument,  are,  in  point  of  fact,  against  the 
Company  and  in  favor  of  the  consumer.  The  same  proposi¬ 
tion  may  be  demonstrated  also  by  a  statement  of  the  princi¬ 
ples  of  science  involved  in  the  construction  and  operation  of 
the  machine.  Let  us  look,  for  a  moment,  at  these  errors 
and  their  causes  —  taking  care  to  regard  and  ascertain  them 
all.  It  is  obvious  that  there  are  several  cases  in  which  the 
amount  of  gas  consumed  will  not  be  correctly  indicated  by 
the  register  —  provided  the  meter  is  out  of  order.  But  what 
are  the  consequences  ? 

Take  the  register  for  example.  This,  if  it  goes  at  all, 
and  is  in  order,  must  go  truly  —  for  it  can  move  only  when 
a  force  is  applied  to  it,  and  must  move  just  according  to  the 
amount  of  that  force.  But  it  may  be  that,  in  course  of  time, 
a  cog  on  one  of  the  register  wheels  is  broken  or  u'orn  off. 
The  gas  will  cause  the  drum  to  move  regularly,  but  the 
missing  or  imperfect  cog  prevents  the  motion  from  being 
communicated  to  the  hands  of  the  dial  plate,  and  the  error 


MR.  whiting’s  argument. 


85 


of  registration  will  be  great  or  small,  according  to  which  of 
the  wheels  is  imperfect  in  its  cogs,  and  to  the  length  of  time 
during  which  the  index  ceases  to  move.  The  loss  to  the 
Company  will  be  in  exactly  the  same  ratio. 

Then,  again,  if  the  cogs  are  clogged  up,  the  friction  of  the 
machine  being  so  much  the  more,  the  gas  must  by  pressure 
acquire  a  greater  density  in  order  to  produce  motion,  and  the 
movement  of  the  index  hands  is  just  the  same,  whether  the 
gas  be  more  or  less  dense.  This,  also,  is  a  loss  to  the  Com¬ 
pany. 

Then,  too,  with  regard  to  the  endless  screw,  fastened  to 
the  axis  of  the  drum  by  a  pin,  as  you  have  seen.  The  pin 
may  possibly  slip  out,  and  therefore  the  drum,  in  its  revolu¬ 
tions,  may  fail  to  move  the  screw,  and  consequently  no  effect 
whatever  wall  be  produced  upon  the  register.  It  stands 
still.  This  is  a  case  which  has  actually  occurred.  Here, 
too,  the  Corporation  are  losers. 

But  there  is  another  cause  of  error,  more  common  than 
either  of  these.  It  arises  from  the  corrosion  of  the  tin  plates 
which  form  the  drum  of  the  meter.  It  is  sometimes  found 
that  a  hole  is  eaten  through  one  of  these  plates  by  rust,  and 
as,  by  natural  laws,  the  gas  will  escape  by  the  shortest  and 
easiest  vent,  a  portion  of  it  will  run  through  the  hole  with¬ 
out  producing,  or  aiding  to  produce,  any  motion  of  the  drum. 
Thus  more  gas  will  have  passed  through  than  the  register 
accounts  for.  And  this  error  the  Company  can  by  no  possi¬ 
bility  detect,  unless  there  should  be  so  striking  a  variation 
between  the  measurement  of  the  register  and  the  amount  of 
gas  supposed  to  be  burned,  as  to  lead  to  an  examination  of 
the  meter  and  a  discovery  of  the  imperfection. 

But  in  all  these  cases — as  you  see,  and  as  no  one  can 
deny  —  the  errors,  whatever  they  may  be,  are  invariably  in 
favor  of  the  consumer  and  against  the  Company.  Because 
the  register  cannot  possibly  indicate  the  passage  of  more  gas 
than  has  been  tised,  whereas  it  may  record  the  escape  of  much 
less. 

There  is  another  thing  to  be  remembered.  The  axis  of 
the  cylinder,  the  never-ending-screw,  and  the  Avheel  on 
which  it  immediately  works,  are  under  water.  Now  water 
such  as  we  generally  use  will  produce  a  chemical  action  of 
decomposition  on  metals,  and  the  motion  of  the  drum  in 
water  will  cause  that  water  to  thicken  Avith  the  oxide  of 
iron  and  other  substances.  By  this  process  the  friction  of 
the  wheels  and  axles  is  increased,  their  motion  is  retarded, 
and  the  motion  of  the  register  likeAvise  made  sloAver.  Should 

rust  gather  upon  the  wheels,  every  one  sees  that  it  Avould 
8 


86 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


require  more  and  more  force  to  move  them.  And  every  body 
knows  that  any  machine,  though  perfect  at  first,  becomes 
less  and  less  perfect  from  use,  by  friction,  rust,  wear  and  va¬ 
rious  other  causes.  Just  so  it  may  be  with  these  meters ; 
but  increase  of  friction  requires  increased  pressure,  and  there¬ 
fore  increased  density  of  gas  to  produce  motion  —  whereby 
the  consumer  gets  more  gas  crowded  into  his  cubic  foot 
measure  than  he  is  really  entitled  to.  And  —  as  cannot 
too  often  be  called  to  mind — all  the  results  of  such  imper¬ 
fections  enure  to  the  benefit  of  the  purchaser,  not  to  that  of 
the  seller. 

The  falling  of  the  water-line  in  the  meter  is  one  more 
source  of  an  inaccurate  measurement.  And  this  is  constant ; 
for  water  will  evaporate  at  any  temperature  of  the  atmos¬ 
phere,  and  a  current  of  gas  passing  over  water  will  always 
carry  up  with  it  some  of  the  vapor  of  the  water.  The  pro¬ 
cess  is  slow,  indeed,  in  some  cases,  for  it  depends  upon  the 
larger  or  smaller  consumption  of  gas,  and  the  temperature  of 
air  in  which  the  meter  stands  —  but  it  is  always  going  on, 
and  its  tendency  in  these  meters  is  always  to  reduce  and 
lower  the  water-line.  The  instruments  are  regulated  so  as 
to  be  correct  at  first,  and  they  generally  remain  in  use  from 
three  to  six  weeks  before  the  water  level  is  looked  at.  The 
elfect  of  the  constant  evaporation  that  has  been  going  on  for 
those  tln’ee  or  six  weeks,  is  to  give  the  consumer  so  much 
more  gas  —  be  the  quantity  greater  or  smaller — so  much 
more  gas  than  is  recorded  against  him  by  the  register  of  his 
meter.  There  is  no  action  of  the  machine  by  which  the 
water-line  can  be  unduly  raised,  or  raised  at  all.  There  are 
no  tides  in  it.  The  water  is  a  fixed  quantity,  except  as  re¬ 
gards  the  evaporation.  And  neither  is  it  possible,  by  any 
means  whatever,  to  keep  the  water-line  too  high,  and  at  the 
same  time  to  keep  the  machine  at  work.  For  even  suppose 
some  paid  servant'^  of  the  Company,  some  rogue,  should 
put  too  much  water  into  the  meter,  or  should  even  fill  it  full. 
What  then  ?  From  the  construction  of  the  interior  branch¬ 
ing  pipe  which  I  have  explained  to  you,  the  pipe  Avhich 
conducts  the  gas  into  the  cylinder,  is  at  once  filled  with 
water  by  the  undue  raising  of  the  water-line,  and  then  not  a 
particle  of  gas  can  pass  through  the  meter,  nor  a  single  rev¬ 
olution  of  a  register  wheel  be  made.  Thus  you  see  that  the 
Company  have  in  all  instances  provided  means,  the  moment 
a  meter  begins  to  tell  a  story  too  much  in  their  favor  against 
a  customer,  to  shut  its  mouth  at  ouce.  If  a  meter  register 
stops  moving  from  rust  —  of  which  you  have  had  an  instance 
in  evidence  —  and  does  not  mark  the  gas  burned,  is  that  an 


MR.  whiting’s  argument. 


87 


error  in  favor  of  the  Company?  Certainly  not.  You  have 
testimony  to  their  custom,  in  such  cases,  to  receive  just  what 
the  consumer  thinks  he  ought  to  pay  —  or  nothing,  if  he 
sees  fit  not  to  pay  any  thing.  But  if  the  meter  stops  from 
having  too  much  water  in  it,  the  register  cannot  move  at  all, 
the  consumer  can  get  no  gas,  and  the  evil  must  be  remedied 
before  a  single  cent  can  be  charged  against  him. 

It  is  true  that  the  Company  have  provided  a  mode  of  se¬ 
curing  themselves  in  some  degree  by  means  of  the  floating 
valve  in  the  meter.  I  admit  that  fact.  But  the  valve  will 
give  them  no  notice  until  their  loss  amounts  to  a  very  con¬ 
siderable  fraction  of  the  whole  amount  consumed.  The  tes¬ 
timony  before  you  is  that  from  the  action  of  the  floating 
valve,  the  error  never  can  amount  to  two  per  cent,  in  favor 
of  the  Company,  while  it  frequently  reaches  twenty  per  cent, 
in  favor  of  the  consumer.  And  the  average  error  from  this 
cause  is  about  fifteen  per  cent,  against  the  plaintiffs.  The 
English  Gas  Companies  so  arrange  their  meters  that  the  water¬ 
line, —  constantly  falling  as  it  must  be  —  is  set  above  the 
average  line  at  first,  so  that  when  it  comes  at  last  below  it, 
they  think  they  attain  a  just  average.  In  the  commence¬ 
ment  of  a  period  when  the  water  line  is  adjusted,  the  mea¬ 
surement  is  against  the  consumer,  but  at  the  end,  in  his 
favor  —  and  the  medium  is  what  they  seek  to  acquire,  as  be¬ 
ing  fair  for  both  parties.  In  our  machines  and  by  this  Cor¬ 
poration  no  such  thing  is  done ;  for  the  Company  would 
much  rather  furnish  an  eighth  more  gas  than  they  charge 
for,  than  charge  for  one  five  hundredth  part  more  than  they 
furnish.  The  error  may,  you  have  seen,  be  two  per  cent,  in 
our  favor,  at  the  moment  when  the  line  is  adjusted  —  but 
before  it  is  re-adjusted  it  frequently  is  twenty  per  cent. 
against  us.  Supposing  the  evaporation  of  the  water  uniform, 
the  fall  from  two  per  cent,  above  to  twenty  per  cent,  below 
the  true  line,  gives  an  average  of  eleven  per  cent,  against  us. 
These  calculations  confirm  the  testimony  of  our  witnesses  — 
that  the  average  loss  to  the  Company  is  from  eight  to  twelve 
per  cent,  of  the  whole  quantity  manufactured  and  delivered. 
They  are  always  content  to  get  off  with  a  loss  of  eight  per 
cent. 

I  believe  now,  gentlemen,  we  may  pass  to  the  errors  of 
registration  occasioned  hy  the  tipping  of  the  meter  —  its  va¬ 
riation  from  a  true  level. 

Suppose  that  at  first  the  meter  is  placed  on  a  platform,  or 
shelf,  perfectly  level.  Ordinarily  the  shelf  is  made  of  stone, 
marble,  board  or  plank.  If  of  marble,  or  other  stone,  it  may 
be  displaced  or  disarranged  by  extraneous  force.  If  of  board 


ss 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM,  GAULT. 


or  plank,  it  will  probably  be  warped  by  the  alterations  of 
temperature,  and  consequently  the  meter  will  be  canted 
more  or  less,  forward  or  backward,  to  the  right  hand  or  the 
left.  What  is  the  consequence  ?  If  it  tips  forward,  the  water 
is  sent  in  an  undue  quantity  to  the  front  part  of  the  machine, 
that  is,  into  the  front  apartment,  and  that  error  operates 
against  the  Company.  Because  the  rear  chamber,  as  every 
one  sees,  is  of  much  greater  capacity  than  the  front,  and  a 
slight  alteration  of  level  in  the  rear  will  produce  a  much 
greater  change  in  the  front  chamber,  and  thereby  correspond¬ 
ingly  increase  the  capacity  of  the  measuring  part  of  the  drum. 
In  other  words,  the  water  falls  in  the  drum,  and  leaves  more 
space  for  gas.  So  that  in  this  case  the  dial  will  show  a  less 
consumption  of  gas  than  has  really  taken  place,  because  it 
requires  more  than  one  cubic  foot  to  cause  a  complete  revo¬ 
lution  of  the  drum.  But  if  the  meter  should  tip  backward  — 
which  is  the  only  case  in  which  the  error  can  possibly  favor 
the  Company  —  then,  by  reason  of  the  diiference  in  the  rel¬ 
ative  size  of  the  front  and  rear  chambers,  the  error  in  this 
case  is  very  trifling  —  and  much  less  in  favor  of  the  Com¬ 
pany,  than  the  opposite  error  is  in  favor  of  the  consumer. 
A  homely,  but  serviceable  illustration  of  this,  may  be  found 
in  a  common  tea-pot.  The  body  of  the  vessel  is  the  rear 
chamber  of  the  meter,  while  the  spout  represents  the  front 
chamber.  Every  body  knows,  that  a  very  slight  alteration 
by  pressure  in  the  level  of  the  liquid  in  the  body  of  the  tea¬ 
pot  will  produce  a  very  perceptible  cliange  in  the  height  of 
the  liquid  in  the  spout  —  whereas  a  considerable  change  of 
level  in  the  spout  will  hardly  give  an  appreciable  alteration 
of  the  height  of  liquid  in  the  body  of  the  vessel.  The  dif¬ 
ference  in  the  error  of  the  meters,  for  or  against  the  Com¬ 
pany,  results  from  the  diiference  in  the  size  of  the  chambers, 
and  is  exactly  in  proportion  to  their  respective  cubical  con¬ 
tents  taken  below  the  Avater  line.  You  see  these  proportions 
in  the  machines  before  you,  and  need  no  argument  from  me, 
gentlemen,  to  enable  you  to  estimate  their  relath'e  amounts. 

With  regard  to  the  sideAvay  tipping  of  the  instrument  — 
from  the  right  to  the  left,  or  from  the  left  to  the  right  hand 
—  you  remember  that  the  question  Avas  put  to  seA’eral  Avit- 
nesses,  and  that  they  all  testified  that  this  circumstance  could 
not  make  the  least  appreciable  difference  in  the  performance 
of  the  meter,  if  it  Avere,  in  other  respects,  in  order.  A  cir¬ 
cular  measure  Avill  hold  the  same  quantity  AvhicheA'er  Avay 
you  tip  it.  Certainly  no  error  from  this  source  has  been 
shoAvn  to  exist  in  tlie  present  case. 

Such  then,  gentlemen,  ai'e  the  defects  of  this  machine  for 


89 


MR.  whiting’s  argument. 

measuriug  gas  which  we  use.  And  I  believe  you  must  be 
satisfied  that  my  colleague’s  assertion  —  that  its  errors,  if 
any  there  be,  in  almost  all  cases  are  in  favor  and  to  the  ben¬ 
efit  of  the  consumer  —  is  completely  demonstrated. 

Now  I  am  willing  to  go  still  further,  and  compare  this 
machine  with  any  measure  in  common  use,  known  to,  and 
recognized  by  the  law.  Take  for  instance  the  well-known 
measure  of  wheat  —  which  is  worth  say  from  two  to  three 
dollars  per  bushel  —  or  corn,  worth  from  sixty  to  seventy 
cents  per  bushel.  That  measure  is  made  of  wood,  which  is 
liable  to  shrink  or  swell,  as  we  all  know,  with  every  change 
of  temperature  and  of  the  moisture  of  the  atmosphere.  You 
remember  Mr.  Hibbard's  testimony,  that  wood  will  common¬ 
ly  shrink  a  quarter  of  an  inch  to  every  foot  from  unseasoned 
wood  to  dry.  From  wet  to  dry,  it  would  shrink  much  more. 
Kiln-dried  wood  will  absorb  moisture  or  water,  by  the  capillary 
attraction  of  its  pores,  like  a  sponge.  Now  these  bushel  meas¬ 
ures  are  made  of  wood,  and  are  often  rather  more  than  a 
foot  high  ;  and  the  shrinking  of  a  quarter  of  an  inch  to  the 
foot  would  render  them  quite  inaccurate.  The  common  met¬ 
al  measures,  of  copper,  iron  or  tin,  shrink  or  expand  about  a 
thirty-second  part  of  an  inch  to  the  foot,  in  the  usual  atmos¬ 
pheric  changes.  They  are,  therefore,  all,  only  an  approxima¬ 
tion  towards  accuracy,  and,  though  theoretically  correct  and 
true,  cannot  be  so  practically.  It  may  be  said  indeed  that 
these  aberrations  in  the  measure  are  corrected  and  neutrali¬ 
zed  by  the  contraction  or  expansion  of  the  articles  measured, 
but  this,  though  true  to  some  extent,  does  not  remove  the 
difficulty  —  because  there  is  no  comparison  between  the  ex¬ 
pansion  of  grain,  spirit,  or  water,  and  that  of  the  wooden  or 
metal  vessels  by  which  they  are  measured.  The  expansi¬ 
bility  of  water,  for  instance,  compared  to  that  of  iron,  un¬ 
der  common  atmospheric  changes  of  temperature^  is  almost 
nothing.  There  never  was  any  machine  in  the  world  which, 
to  the  eye  of  science,  could  not  be  demonstrated  to  be  imper¬ 
fect.  There  never  was  a  measure  of  water,  of  spirit,  or  of 
any  gas,  precisely  accurate  at  all  times.  And  it  is  perfectly 
futile  for  my  opponent  to  pretend,  because  a  meter  may  at 
times  be  slightly  —  and  but  very  slightly,  out  of  the  line  of 
perfection,  that  therefore  you,  as  reasonable  men,  ought  not 
to  trust  to  its  actions  —  not  to  believe  that  we  have  deliver¬ 
ed  that  number  of  cubic  feet  of  gas  which  it  registers  as 
having  been  delivered  and  consumed  —  that  we  have  charged 
this  defendant  with  gas  he  has  not  had.  But  it  is  contended 
that  if  you  are  not  satisfied  that  the  meter  is  absolutely  un¬ 
erring^  the  defendant  is  not  bound  to  pay  any  thing  for  our 
8* 


90 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


gas  which  he  has  burned !  How  will  this  doctrine  appear, 
when  applied  to  other  branches  of  business  ? 

Every  trader  in  dry  goods  has  his  yard-stick,  and  meas¬ 
ures  by  it  always.  Wood,  we  know,  will  not  perceptibly 
shrink  or  expand  lengthwise — “and  therefore  wood  is  fre¬ 
quently  used  for  the  pendulums  of  clocks  —  but  it  will  warp, 
and  the  yard-stick  will  become  too  short  by  reason  of  that 
warpage.  If  the  measure  of  a  piece  of  cloth  should  prove  to  be 
one  hundredth  part  of  a  yard  too  short,  would  you  not  deem  it 
absurd  to  refuse  to  pay  the  shop-keeper  of  whom  you  bought 
it,  any  thing  at  all,  uuless  he  could  demonstrate  that  his 
yard-stick  was  absolutely  accurate  ?  The  common  pound 
weight  used  by  the  grocer,  is  continually  gathering  foreign 
substances  to  its  surface,  and  that  increase  is  a  loss  to  the 
grocer.  But  it  wears  out  and  becomes  lighter  by  friction, 
and  that  is  against  the  buyer.  Therefore  the  law  requires 
that  weights  shall  be  periodically  examined  and  sealed. 
These  weights  are  never  absolutely  just.  But  in  every  day 
transactions  in  buying  and  selling  all  grosser  commodities, 
weights  slightly  inaccurate  are  continually  used  Avithout 
complaint  or  practical  injustice  on  either  side.  But  if  the 
weights  and  scales  whose  correctness  you  are  testing,  are  to 
be  used  in  Aveighing  diamonds  or  precious  metals,  a  far  great¬ 
er  degree  of  accuracy  is  necessary.  The  degree  of  perfec¬ 
tion  Avhich  is  practically  requisite,  depends  upon  the  A^alue 
of  the  commodity  to  be  measured.  Gas  is  a  cheap  article. 
It  costs  but  three  and  one  half  mills  per  cubic  foot:  that  is 
to  say,  less  than  one  cent  and  a  half  per  barrel,  and  therefore 
the  highest  exactness  in  its  admeasurement  is  not  really  im¬ 
portant. 

The  fact  is,  that  you  may  examine  all  Aveights  and  meas¬ 
ures  of  commodities,  and  you  Avill  not  find  one  entirely  ac¬ 
curate,  in  use.  And  this  gas  meter  of  ours  is  the  only  in¬ 
strument  among  them  all,  Avhose  errors,  by  the  construction 
of  the  machine,  necessarily  operate  in  favor  of  the  party 
that  buys,  and  not  of  the  party  that  sells  by  it.  It  is  cer¬ 
tainly  a  most  beautiful  contrivance,  —  and  must  have  been 
the  result  of  a  high  degree  of  mechanical  skill,  united  to  a 
profound  knoAvledge  of  some  of  the  laAvs  of  physical  science. 

We  may  noAV  pass  to  an  examination  of  other  objections 
raised  by  the  defendant’s  counsel  to  the  practical  operation 
of  these  meters  in  their  connection  Avith  the  pipes.  And  he 
must  permit  me  to  say,  that  no  ordinary  degree  of  prepara¬ 
tion  for  this  trial,  Avould  have  enabled  any  person  to  set  forth 
such  an  array  of  obstacles  to  our  action. 


MR.  whiting’s  argument. 


91 


Mr.  Chase  said  that  he  knew  nothing  at  all  of  the  mat¬ 
ter,  before  engaging  in  this  case. 

Mr.  Whiting  resumed.  Then  I  will  say  that  my  very 
chivalrous  antagonist  has  seized,  as  by  intuition,  upon  all 
possible  objections  to  the  machine.  And  whether  his  own 
reflection  suggested  them  all,  or  whether  other  discontented 
persons  have  poured  their  complaints  into  his  ear,  and  his 
mind  is  now  reflecting  the  disjointed  image  pictured  by  rays 
of  light  from  many  scattered  sources  —  he  has  nevertheless 
become  the  organ  through  whom  all  that  have  aught  against 
us  have  been  heard.  We  are  glad  to  have  them  heard.  We 
are  very  glad  to  have  the  opportunity  of  asking  you  to  tell 
your  neighbors  whether  we  are  that  combination  of  knaves 
and  rascals  that  we  are  charged  with  being  !  Whether  it  is 
our  habit  and  custom  systematically  to  cheat  those  who  deal 
with  us,  and  pocket  their  money  without  rendering  an  equiv¬ 
alent  ! 

But  let  us  hasten  to  consider  the  first  objection  the  gen¬ 
tleman  takes  to  the  operation  of  our  machinery  —  It  is,  that 
though  the  meter,  when  in  order,  may  accurately  measure  a 
cubic  foot  of  gas,  still  it  does  not  register  that  cubic  foot 
which  we  deliver,  or  profess  to  deliver.  In  other  'words, 
that  the  same  cubic  measure  of  gas  of  different  densities^ 
will  give  a  greater  or  smaller  amount  of  light  according  to 
its  density,  but  the  measurement  and  charge  are  the  same,  be 
the  quantity  of  light  more  or  less.  This  is  certainly,  in  a 
theoretical  point  of  view,  an  objection  to  the  meter.  But  to 
what  extent  does  it  obtain,  and  in  whose  favor  does  it  ope¬ 
rate  ?  We  have  testimony  as  to  this  on  both  sides. 

Mr.  Blakeh.d.s  testified  that  the  gas  is  delivered  at  different 
pressures,  and  consequently  different  densities,  at  different 
points  —  but  that  this  difference  is  so  very  small  as  not  to 
be  appreciable.  That  it  is  so  little  in  a  foot  of  gas  under 
a  single  atmospheric  pressme,  and  under  the  additional  pres¬ 
sure  of  one,  two,  or  three  inches  of  water,  that  he  does  not 
believe  it  could  possibly  be  estimated  by  any  instrument  or 
machine  which  is  used  for  measuring  gases.  If  this  be  true, 
the  error  is  of  absolutely  no  consequence.  And  Mi’.  Hib¬ 
bard,  though  he  states  that  there  is  a  difference,  has  shown 
how  very  little  it  must  be.  According  to  his  evidence  on 
the  cross-examination,  the  difference  in  the  density  of  a  foot 
of  gas  at  the  pressure  of  the  atmosphere,  or  fifteen  pounds 
to  the  inch,  and  at  the  additional  hydrostatic  pressure  of  two 
or  three  inches  of  water,  would  be  as  the  proportionate  dif¬ 
ference  between  the  weights  of  two  columns  of  water,  the 


92 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


first  thirty-three  feet,  and  the  second,  thirty-three  feet,  two 
or  three  inches  —  not  far  from  the  two  hundredth  part 
of  the  whole,  or  half  of  one  per  cent.  But  in  truth,  the 
difference  in  the  height  of  the  column  of  water  which  will 
counter-balance  the  pressure  of  the  gas,  at  different  points 
along  the  line  of  the  street  mains,  at  any  one  moment,  will 
not  vary  more  than  from  half  an  inch  to  one  inch  ;  —  thus 
reducing  the  variation  of  the  density  of  gas  to  half  the 
amount  above  calculated  —  that  is,  to  one  quarter  of  one 
per  cent.  The  density  of  the  gas  in  the  mains  is  equalled 
effectually  by  having  two  main  supplies  at  each  end  of  the 
city,  as  will  be  hereafter  explained.  Such  an  error  as  arises 
from  this  source  is  not  very  important. 

But  there  is  something  more  to  be  said  on  this.  I  admit 
that  the  error  does  exist  —  I  will  say  it  is  appreciable,  if  you 
please.  But  in  whose  favor  does  it  work  ?  In  the  Compa¬ 
ny’s  ?  No!  In  the  consumer’s  ?  Yes,  clearly!  If  a  certain 
quantity  of  gas  at  an  atmospheric  pressure  occupies  just  a  cu¬ 
bic  foot  in  space,  any  additional  pressure  will  lessen  its  bulk 
—  and  just  so  much  as  this  is  lessened,  just  so  much  more 
gas  must  be  forced  in  to  fill  up  the  cubic  foot.  And  the 
more  the  gas  is  compresssd,  the  more  will  be  distributed 
for  every  foot  of  measurement.  That  is  the  testimony  on 
all  hands.  Now  it  is  plain  that  we  cannot  supply  our  gas 
at  simple  atmospheric  pressure.  We  must  employ  more 
force  to  send  it  through  the  mains,  service-pipes,  and  me¬ 
ters —  and  the  greater  the  length  of  our  pipe  and  the  num¬ 
ber  of  our  meters,  the  greater  pressure  we  must  use,  and 
the  more  gas,  m  proportion,  we  must  expend.  The  more 
force  we  apply  to  move  additional  machines,  the  more  gas 
we  furnish  to  customers,  both  old  and  new.  Say  we  sup¬ 
ply  now  2500  consumers  —  if  the  number  were  increased 
to  5000  to-morrow,  it  would  be  money  in  the  pockets  of 
all  of  them.  We  can  do  but  so  much  work  with  a  giv¬ 
en  force,  and  it  is  a  fact  that  the  Corporation  has  been 
constantly  obliged  to  increase  the  pressure  since  the  Avorks 
began.  And  till  Mr.  Gault  came  forward,  nobody  has  been 
found  to  complain  of  thereby  getting  more  gas  than  he  got 
before  for  the  same  money. 

There  is  one  material  error  in  the  argument  Avhich  the  learn¬ 
ed  counsel  has  pressed  upon  you,  gentlemen,  which  may  be 
disposed  of  in  few  words.  It  is  not,  I  presume,  an  error  of 
his  OAvn,  but  of  his  client’s  —  for  certainly  no  man  of  science 
could  seriously  entertain  it.  He  has  urged  at  some  length 
that  the  density  of  gas  is  the  only  true  measure  of  its  value, 
and  is  far  the  best  measure  of  its  illuminating  poAver.  Noav 


MR.  whiting’s  argument.  93 

you  have  had  it  proved  in  this  very  case,  that  the  plaintiffs 
here,  are  obliged  to  go  to  much  trouble  and  expense,  to  ex¬ 
pel  carbonic  acid,  sulphuretted  hydrogen,  and  carbonic  ox¬ 
ide,  and  other  impurities,  from  their  gas  as  it  is  generated. 
But  the  gas  would  be  twice  as  heavy,  or  dense,  if  they 
should  allow  the  carbonic  acid  to  remain,  and  if  density 
were  a  criterion  of  its  power  of  giving  light,  why  should 
they  be  at  this  expense  only  to  diminish  the  amount  of 
light  they  supply  ?  They  might  make  their  gas  heavier 
merely  by  neglecting  to  purify  it,  but  should  they  do  so,  you 
would  soon  find,  gentlemen,  that  their  gas  would  not  be 
worth  having  at  any  price.  No  !  This  is  a  most  unfounded 
pretence  that  density  is  the  measure  of  value.  The  illumi¬ 
nating  power  depends  upon  the  relative  amount  of  carbon 
which  is  united  to  the  hydrogen  in  chemical  affinity.  I  ad¬ 
mit  that  if  two  cubic  feet  of  good  gas  are  compressed  into 
the  space  formerly  occupied  by  one,  the  compressed  or  dens¬ 
er  foot,  other  things  being  equal,  Avould  burn  twice  as  long 
as  the  other.  But  that  is  not  the  point  which  my  learned 
brother  maintains.  He  contends,  that  under  equal  atmos¬ 
pheric  pressures,  the  difference  in  density  corresponds  to  the 
difference  of  illuminating  power  —  and  this  we  have  seen  is 
an  error.  He  says,  again,  that  the  illuminating  power  may 
be  measured  by  the  specific  gravity^  provided  the  gas  is  con¬ 
stant  —  that  is,  just  the  same  —  made  of  the  same  materials 
in  the  same  relative  proportions.  Yes,  that  may  be  true  as 
a  scientific  fact,  but  it  will  not  do  as  a  practical  measure¬ 
ment  —  because  first,  the  gas  might  not  be  constant  —  its 
specific  gravity  may  be  increased,  just  as  its  density  is,  by 
omitting  to  purify  it  —  and  no  machine  or  instrument  has 
ever  been  contrived  to  measure  the  density  or  specific  grav¬ 
ity  of  gas  as  it  passes  through  pipes  to  burners.  His  own 
scientific  witness,  Mr.  Hibbard,  says  he  never  saw,  read  of, 
heard  of,  or  dreamed  of  such  an  instrument.  The  learned 
gentleman  thinks  one  might  be  made.  When  he  has  found 
it,  let  him  show  it  to  us,  and,  if  it  is  accurate,  he  may  be 
sure  that  this  Company  will  make  use  of  it. 

Moreover,  upon  this  point  of  illuminating  power,  does  the 
Company  agree  to  furnish  its  customers  with  so  much  light, 
or  with  so  much  gas  ?  Is  it  light,  or  gas  that  light  is  made 
of,  which  they  agree  to  supply  ?  That  is  the  question.  The 
learned  counsel  has  made  a  mistake  here  in  his  argument. 
We  did  not  agree,  as  he  supposes,  to  sell  his  client  so  many 
cubic  feet  of  light  —  but  so  many  feet  of  gas,  and  it  does  not 
matter  at  all  what  the  illuminating  power  of  that  gas  might 
have  been. 


94 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


We  come  now  to  another  point  in  the  case — but  let  me 
say,  in  passing,  that  I  believe  I  have  answered,  to  the  best 
of  my  ability,  all  the  objections  brought  against  the  meter  — 
as  not  being  an  accurate  machine,  or  a  meaaure  of  density, 
or  specific  gravity.  I  have  given  you  two  classes  of  proof, 
as  to  the  correctness  of  the  machine — proof  by  practical 
experiment,  and  proof  by  scientific  demonstration.  I  have 
discussed  all  its  errors,  and  you  will  have  seen,  I  think,  that 
they  all  operate  in  favor  of  the  consumer,  and  against  the 
Company. 

The  second  proposition  that  I  stated,  gentlemen,  was,  that 
the  defendant,  in  this  case,  is  bound  to  pay  for  the  number  of 
feet  of  gas  registered  by  his  meter,  during  this  quarter  in 
question.  This  is  a  question  of  law  simply.  If  Mr.  Gault 
had  been  accustomed  to  take  and  use  gas,  and  to  pay  for  it 
as  registered  by  his  meter  at  a  rate  uniforp''’’'’  charged,  then, 
unless  he  had  given  notice  to  the  contrary,  he  is  bound  to 
continue  to  pay  at  the  same  rate.  That  doctrine  is  true  with 
regard  to  every  man  Avho  takes  gas  of  the  Company.  If,  for 
quarter  after  quarter,  any  one  has  burned  the  gas,  and  paid 
his  bills,  and  has  not  objected  to  the  mode  of  measurement  or 
rate  of  charge  —  then,  if  he  continues  to  use  the  gas,  by  the 
law  of  the  land  he  is  bound  to  pay  for  it  according  to  the 
same  measure  and  rate,  until  he  gives  notice  of  his  objections. 
Now  if  this  be  so,  as  the  Court  will,  without  doubt,  instruct 
you  that  it  is,  then  it  becomes  important  in  this  case  to  es¬ 
tablish  the  fact  that  the  defendant  has  previously  so  taken 
and  paid  for  his  gas.  But  Mr.  Gault  has  admitted  that  fact, 
and  produced  before  you  sundry  gas-bills,  Avhich  he  has  paid. 
That  question  is  settled.  Nevertheless,  since  some  one  of 
you  might  be  disposed,  without  further  consideration,  to  de¬ 
cide  this  case  upon  this  ground  provided  you  could  be  satis¬ 
fied  that  law  coincides  with  reason,  I  will  endeavor,  with 
your  permission,  briefly  to  illustrate  the  good  sense  and 
equity  of  the  proposition.  For  though  it  be  clearly  the  law, 
I  should  be  ashamed  to  urge  its  application  in  this  cause, 
Avere  it  not  perfectly  in  accordance  Avith  the  principles  of 
justice. 

Suppose  that  you,  Mr.  Foreman,  have  been  for  some  time 
in  the  habit  of  dealing  Avith  me  for  some  article  of  traffic  — 
such  as  corn  or  Avheat.  You  liaAm  repeatedly  bought  of 
me  so  many  bushels ;  you  have  uniformly  receiAmd  the 
quantity  I  have  sent  to  you  for  that  number  of  bushels,  and, 
knoAviiig  the  measure  employed,  have  neA'er  objected  to  it, 
and  have  paid  the  bills  I  have  sent  for  the  article.  Suppose 
you  giim  me  an  order  to-day  for  another  lot,  and  I  deliver  it 


MK.  whiting’s  argument. 


95 


according  to  custom,  and  by  the  same  measure  as  usual. 
You  cannot  to-morrow  turn  round  upon  me  and  say  that 
you  doubt  the  correctness  of  the  measure,  and  therefore  will 
not  pay  the  bill,  since  I  furnished  you  with  the  wheat  ac¬ 
cording  to  the  faith  of  our  agreement,  and  if  you  meant  to 
dispute  the  measure,  you  should  never  have  taken  and  used 
the  article.  If  you  wished  to  rescind  the  contract  you  should 
have  returned  the  goods  furnished  upon  that  contract.  Any 
other  course  would  be  a  fraud  upon  me  —  it  would  be  taking 
away  my  property  without  rendering  me  any  compensation. 
A  course  of  dealing,  in  the  eye  of  the  law,  creates  a  contract 
that  the  parties  will  conform  thereto.  This  is  a  principle 
which  is  applied  to  every  day’s  business.  A  merchant  is  in 
the  habit  of  shipping  cargoes  to  his  consignee  abroad,  and  the 
consignee  has  instructions  to  insure,  or  is  accustomed  to 
insure  those  cargoes.  He  neglects  however  to  etfect  in¬ 
surance  upon  some  one  cargo,  of  w^hich  he  has  had  advices, 
and  that  particular  cargo  is  lost.  Upon  whom  does  the  loss 
fall  ?  By  the  rules  of  law,  it  falls  upon  the  foreign  consignee 
—  because  he  has  not  complied  with  the  established  custom 
of  dealing  between  the  parties.  When  a  man,  in  his  deal¬ 
ings  with  another,  does  not  do  as  he  has  been  accustomed  to 
do — no  notice  to  the  contrary  being  given  —  the  law  makes 
him  responsible  for  the  consequences.  A  person  keeps  a  liv¬ 
ery  stable  in  the  city,  and  one  of  your  sons,  being  under  age, 
is  in  the  habit  of  hiring  horses  and  carriages.  You  are  not 
bound  to  pay  the  bills  thus  accruing,  since  they  are  not  for 
necessaries  furnished.  But  if  you  have  been  in  the  habit  of 
paying  those  bills,  you  cannot  without  notice  refuse  to  pay 
the  last  one  rendered.  The  law  will  compel  you  to  pay  it. 
And  why  ?  Because  otherwise  it  would  be  a  fraud  upon  the 
stable-keeper.  Why  did  you  suffer  your  son  to  hire  of  him, 
month  after  month  —  why  did  you  pay  his  former  bills  with¬ 
out  informing  him  you  should  pay  no  more  ?  By  your  con¬ 
duct  you  have  contracted  with  the  stable-keeper  that  the 
bills  should  be  settled,  and  the  law  will  hold  you  to  fulfil 
that  contract.  No,  gentlemen  !  There  are  rules  of  honesty 
and  good  faith  in  all  human  transactions  —  and  they  are  just 
as  applicable  to  business  with  this  Company,  who  deal  in 
gas,  as  to  any  other  corporation  or  individual,  let  him  deal 
in  what  he  may.  I  will  detain  you  no  longer  on  this  topic, 
because  you  understand  it  well.  We  ask  for  nothing  but 
fan  dealing.  So  much,  I  am  sure  you  will  enforce. 

Now,  let  us  see  what  is  Mr.  Gault’s  defence  —  upon  what 
platform  he  stands  —  what  points  he  has  made,  and  how  he 
has  supported  them  ? 


96 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


In  the  first  place,  he  came  into  Court  denying  that  he  had 
had  any  gas  of  the  plaintiffs^  and  he  has  stuck  to  that  denial 
for  two  or  three  days.  Considering  the  evidence  which  after¬ 
wards  came  out,  I  leave  it  to  you,  gentlemen,  to  pass  such 
judgment  as  you  please  on  such  a  defence.  I  will  not  under¬ 
take  to  characterize  it.  Knowing  as  he  did  that  his  appren¬ 
tice  —  a  boy  suckled  at  his  bosom,  if  there  could  be  such  a 
thing  as  a  “nursing  father” — would  testify  and  must  tes¬ 
tify  that  he  had  burned  some  of  the  Company’s  gas,  during 
this  quarter,  that  man  sat  in  court,  day  after  day,  instructing 
his  counsel  to  deny  that  he  ever  had  any  of  it.  That  shows 
the  extent  of  his  fairness,  and  of  his  reluctance  to  attempt 
to  blind  the  eyes  of  the  Jury  !  This  ground  of  defence,  how¬ 
ever,  has  sunk  from  under  his  feet. 

Next,  the  learned  counsel  denies  that  our  meter  is  a  legal 
standard  of  measure.  It  is,  he  says,  a  measure  not  known 
to  the  laws  of  the  Commonwealth.  This  I  am  free  to  admit. 
The  Commonwealth  has  adopted  certain  standards  to  which 
all  common  weights  and  measure  must  conform.  But  the 
gas  meter  is  not  a  common  weight  or  measure  used  for  the 
purposes  of  traffic.  And  it  is  new  to  me  that  the  govern¬ 
ment  either  of  Massachusetts  or  of  the  United  States,  has 
ever  established  a  standard  for  the  measurement  of  gas. 
The  meter  is  a  measure  of  the  philosopher,  not  of  the  law¬ 
giver —  just  the  same  as  any  other  scientific  instrument. 
But  it  is  urged,  we  are  liable  to  a  penalty  for  measuring  and 
selling  gas  by  the  meter !  This  objection  may  he  disposed 
of  like  the  other.  The  government  has  established  no  cri¬ 
terion  for  the  measurement  of  a  cubic  foot  of.  gas,  though  it 
has  established  the  dimensions  of  the  standard  quart.  Noth- 
is  more  certain  than  that  a  cubic  foot  is  a  cubic  foot  —  its 
contents  are  equal  to  the  contents  of  a  space  of  twelve  inches 
in  each  dimension.  But  a  quart  measure  is  a  different  thing. 
That  contains  only  a  certain  portion  of  a  foot.  It  makes  no 
difference  how  we  measure  the  foot  of  gas  we  deliver  to  a 
customer,  if  he  gets  the  1728  cubic  inches  we  agree  to  sell 
to  him.  It  makes  no  difference  to  the  purchaser  Avhether 
his  ten  bushels  of  corn  are  measured  in  a  ten  bushel  bag,  or 
in  ten  separate  bushel  measures  —  whether  his  ten  feet  of 
lumber  are  measured  by  a  ten  foot  pole,  or  by  a  one  foot 
rule  —  so  that  he  gets  the  quantity  he  bargains  for.  And  if 
we  are  subject  to  a  statute  penalty  for  selling  gas  by  this 
meter,  why  then  let  the  Commonwealth  come  on  and  prose¬ 
cute  us.  The  Corporation  will  not  run. 

The  third  point  of  defence  is,  that  the  Corporation  has 
sold  more  gas  for  the  same  money,  to  some  persons,  than  to 


MR.  whiting’s  argument. 


97 


others.  Or,  that,  out  of  ten  persons,  for  instance,  more  has' 
been  charged  to  one  or  two  of  them  than  to  the  rest,  for  the 
same  quantity  of  gas.  This  assertion  I  meet  with  an  un¬ 
qualified  denial ;  I  prove  its  falsity  by  the  books  of  charges. 
You  may  take  at  random  ten  thousand  different  charges  in 
the  books,  and  I  defy  you  to  find  one  single  instance  where 
the  same  amount  of  gas  is  charged  differently  to  different  per¬ 
sons,  or  where,  for  the  same  money,  different  quantities  of  gas 
have  been  supplied.  This  accusation  is  totally  false.  It  is 
a  calumny  upon  the  Company,  originating  in  some  foolish 
complaints  of  groundless  discontent,  or  some  idle  conceits  of 
ignorance.  Observe  what  we  have  proved.  We  have  brought 
the  Company’s  books  into  Court,  and  no  such  thing  can  be 
found  in  their  pages.  You  will  have  them,  and  can  ex¬ 
amine  for  yourselves.  We  have  brought  the  clerks,  and  they 
swear  directly  that  the  entries  in  the  books  of  charges  are 
true  entries  from  the  register-books.  Mr.  Stearns  swears 
that  since  he  has  been  clerk,  in  every  instance  the  entry  is 
a  true  record.  And  it  has  not  even  been  attempted  to  im¬ 
peach  this  testimony.  And  all  customers  are  charged  at  a 
uniform  rate.  But  even  suppose  Gault’s  pretence  were  true 
—  Avhat  then  ?  If  Gault  agreed  to  pay  so  much  for  his  gas, 
he  is  bound  to  pay  that  amount  —  and  it  makes  no  difference 
to  him  what  we  charge  other  people  for  theirs.  It  would 
be  a  pretty  state  of  things  if  a  merchant  who  had  bought  a 
bill  of  goods  at  an  agreed  price,  should  refuse  to  pay  for 
them  because  the  house  of  whom  he  purchased  had  sold  sim¬ 
ilar  goods  to  his  neighbor  or  any  body  else,  at  a  less  or 
a  greater  price.  The  objection  is  senseless. 

Again,  it  is  said  for  the  defence  that  gas  bills  are  sometimes 
made  out  by  estimate,  and  not  by  the  actual  measurement  of 
the  meter.  Suppose  this  to  be  true  —  what  bearing  has  that 
fact  on  the  merits  of  this  case  ?  Is  not  he  bound  to  pay  for 
Avhat  he  has  had,  and  knows  he  has  had,  even  though  bills 
may  have  been  made  out  to  others  upon  estimates  ?  But  sup¬ 
pose  that  the  bill  in  suit  had  been  an  “estimated”  bill  — 
would  there  be  any  thing  unnatural,  or  dangerous  in  resort¬ 
ing  to  an  estimate,  if  the  necessity  for  it  existed  ?  Suppose 
a  corn  merchant  is  accustomed  to  supply  a  stabler  with  grain 
and  to  have  large  dealings  with  him.  He  knows  the  usual 
weekly  or  monthly  consumption  of  his  customer,  and  that  he  is 
not  in  the  habit  of  buying  of  any  body  else.  On  looking  over 
his  books  for  the  quarter  he  finds  no  charge  of  grain  to  the  sta¬ 
bler  for  a  particular  month,  although  he  knows  that  the  usual 
quantity  was  supplied  ;  he  makes  out  his  bill  including  an  esti¬ 
mate,  for  that  month,  based  upon  the  average  sales  for  similar 
s 


98 


BOSTON  GAS  LIGHT  COMPANY  TS.  WM.  GAULT. 


periods.  The  stabler  pays  it  or  not,  as  the  case  may  be. 
But  is  the  fact  that  this  bill  was  made  on  estimate,  any 
reason  under  heaven  why  the  stabler  should  refuse  to  pay  the 
same  merchant  for  the  ten  bushels  of  corn  which  he  knows  he 
has  had  ?  And  if  such  an  estimate  would  be  reasonable, 
why  should  not  the  Gas  Company  resort  to  an  estimate,  in 
case  by  accident  they  have  lost  their  registration?  As  to 
the  statement  itself — that  estimated  bills  are  sent  out  by  the 
Gas  Company  —  it  is  true,  and  I  am  glad  the  fact  has  been 
proved.  You  have  had  before  you,  one  such  bill,  and  you 
heard  the  reason  of  its  existence.  The  man’s  meter  had 
stopped,  had  registered  nothing  for  the  month,  though  gas 
had  been  burned  ;  and  in  this  case,  as  in  every  other  like  it, 
it  was  left  to  the  consumer’' s  honor  to  pay  what  he  thought 
proper,  or  even  to  pay  nothing  if  he  should  feel  disposed  so 
to  do.  Mr.  Johnson,  like  an  honorable  man,  paid  the  bill  be¬ 
cause  he  thought  it  about  right.  But,  gentlemen,  I  am  proud 
to  say,  as  a  proof  of  the  extreme  regularity  with  which  our 
meters  work,  that  you  may  take  any  of  the  late  years,  and, 
out  of  the  ten  thousand  bills  annually  made  out,  you  will 
not  find  five  made  on  estimates.  This  is  a  fact  —  and  a  fact 
which  sets  at  rest,  at  once  and  forever,  all  this  hue  and  cry 
about  the  Company’s  guessing  at  the  amount  of  gas  their 
customers  burn.  It  proves  conclusively,  that  we  do  not  go 
by  guess-work,  as  has  been  so  often  stated.  , 

In  this  connection,  too,  the  learned  counsel  again  alluded  to 
the  plaintiffs  as  constituting  a  '■‘■monster  corporation.''  I 
did  suppose,  from  his  opening  remarks,  that  he  too,  like  most 
of  us,  had  got  beyond  that  period  when  it  was  considered 
allowable  or  effective,  to  attempt  to  prejudice  the  jury  by 
the  stale  and  senseless  cry  against  “Corporation.”  He  told 
us  he  should  attempt  no  such  thing  towards  you,  gentlemen. 
But  I  thought,  when  he  did  thus  endeavor  to  prejudice  you 
against  the  few  of  your  neighbors  and  friends,  who  con¬ 
stitute  this  Gas  Company,  that  he  had  strangely  forgotten 
himself,  and  was  practically  treating  the  jury  as  though  their 
minds  were  very  vulgar.  xVs  to  the  additional  assertion,  or 
insinuation  rather,  that  similar  “monster  corporations”  have 
elsewhere  been  defeated  in  similar  suits  —  that  has  before 
been  answered. 

But,  once  more,  the  Defendant  takes  the  position  that 
though  the  meter,  when  in  good  order,  may  be  a  reasonably 
accurate  measure,  yet  it  has  not  proved  true  in  several  in- 
staiices  —  inasmuch  as  some  persons  have  used  more  burners, 
and  for  more  hours,  than  others,  and  yet  have  been  charged 
only  for  the  same  quantity  of  gas.  And  to  establish  thispo- 


MR.  whiting’s  argument. 


99 


sition,  the  whole  army  of  the  discontented  has  been  muster¬ 
ed  forth.  Let  me  ask  — to  what  eflect  ? 

This  Corporation  has  now  been  in  operation  some  fifteen 
years,  and  during  that  time  the  demand  upon  it,  has,  from  a 
feeble  beginning,  grown  to  the  supply  of  some  twenty-five 
hundred  customers.  Every  one  of  these  has  a  bill  rendered 
once  a  quarter  at  the  furthest  —  many,  once  a  month  — and 
some,  once  a  week.  Out  of  the  hundred  thousand  bills  to  these 
twenty-five  hundred  consnmers  —  out  of  these  hundred  thou¬ 
sand  accounts  rendered  to,  and  settled  by,  men  now  mostly 
within  reach  —  out  of  all  these  bills  and  all  these  accounts 
—  some  ten  or  twelve  only  are  bronght  before  you  by  the 
defendant.  A  small  fraction  truly  of  100,000 —  a  very  small 
fraction  even  of  2,500.  Every  body  has,  for  months  past, 
known  of  this  trial  through  the  public  prints.  Every  man 
who  had  any  complaint  to  make,  has  had  an  opportunity  to 
come  forward  with  it.  It  is  not  alone  the  case  of  Mr.  Gault, 
the  immediate  defendant,  that  is  before  you,  but  all  the  cases 
of  discontented  customers  of  the  Gas  Company  for  years 
past.  This  particular  suit  itself  is  not  new.  It  was  com¬ 
menced  some  months  since  —  it  was  on  the  docket  for  the 
last  term  of  the  Court  —  there  has  been  a  succession  of  coun¬ 
sel  engaged  in  it  —  there  has  been  abundant  opportunity, 
time  enough  and  scope  enough  —  for  every  circumstance  that 
could  possibly  bear  in  favor  of  the  defendant,  or  against  us, 
to  be  brought  forward,  fully  and  completely.  And  what  do 
they  all  amount  to  ?  Let  us  examine  the  evidence  a  little 

The  testimony  relied  upon  in  this  part  of  the  case,  may  be 
divided  into  three  or  four  classes.  In  the  first  group  we  may 
place  Messrs.  Ahoni,  Cook  and  Weeks.  Mr.  Ahorn,  in  the 
last  quarter  of  1847,  burnt  from  twelve  to  fourteen  burners, 
and  his  bill  was  $43.40.  Mr.  Cook  used  fifteen  burners  and 
paid  $46.90.  And  Mr.  Weeks,  with  seventeen  burners,  in 
the  Reading  Room,  where  a  great  deal  of  light  is  needed, 
was  charged  $70.00.  I  don’t  know  of  any  bills  upon  our 
books  that  show  more  favorably  for  us  than  these.  With 
regard  to  Mr.  Weeks's  bill  for  the  succeeding  quarter,  that 
was  only  $52.85  —  but  the  reasons  for  the  diminution  were 
well  explained  by  him.  He  testified  that  much  greater  care 
and  economy  of  light  were  practised.  And  in  regard  to  the 
testimony  as  to  the  consumption  of  gas  in  the  Reading 
Room,  we  have  another  specimen  of  Mr.  Gault’s  honorable 
dealing.  Fair  play,  gentlemen,  is  a  jewel  —  whether  it  glit¬ 
ters  upon  the  kingly  crown,  or  on  the  breast  of  the  humblest 
artisan.  Where  has  Gault  shown  us  “fair  play”?  What 
was  his  course  in  procuring  the  admission  of  Mr.  Weeks's 


100 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


testimony,  as  to  the  instructions  he  gave  to  his  porter,  and 
his  porter’s  conduct  under  those  instructions?  You  remem¬ 
ber,  gentlemen,  that  there  was  a  serious  struggle  between 
my  opponent  and  m5rself  upon  the  admission  of  this  evi¬ 
dence,  and  how  the  Court  ruled,  upon  the  understanding  that 
the  porter  would  he  put  upon  the  stand  by  the  defendant. 
I  do  not  at  all  believe  that  the  learned  counsel  would  for  a 
moment  think  of  playing  false  with  the  Court  and  Jury,  or 
that  he  would  take  any  course  not  justifiable  according  to  the 
instructions  of  his  client.  And  if  the  defendant  instructed 
him  that  this  porter  should  be  produced  as  a  witness  —  and 
this  he  must  have  done  —  the  course  he  took  was  not  ob¬ 
jectionable.  But  what  is  Mr.  Gault’s  position  ?  The  in¬ 
structions  of  Mr.  Weeks  to  his  porter  were  admitted,  but 
Mr.  Gault  never  produced  that  porter.  Now  he  must  either 
have  suggested  a  falsehood  to  his  counsel  or  else  have  dealt 
unfairly  and  dishonestly  towards  us,  or  else  —  having  seen 
the  porter  —  found  that  his  testimony  would  be  ruinous,  and 
therefore  determined  not  to  call  him  as  a  witness.  This  is 
not  what  I  call  fair  play.  A  client  is  always  bound  to  make 
his  counsel’s  word  good.  I  did  not  care  about  the  testimo¬ 
ny  of  Mr.  Weeks  on  this  point,  except  in  so  far  as  the  prin¬ 
ciples  and  rules  of  evidence  were  concerned. 

Next  comes  Mr.  Gove,  in  the  second  division.  He  used 
nine  burners  —  one  throughout  the  day  and  the  others  from 
dark  till  eight  o’clock  —  and  his  bill  for  this  quarter  was 
$15.40.  But  no  comparison  is  made  between  him  and  any 
body  else,  and  his  evidence  has  no  bearing  whatever  on  this 
case. 

In  the  third  group  we  find  Messrs.  Carrutli,  Burbank, 
and  G.  L.  Johnson.  The  first  testifies  that  during  this  quar¬ 
ter  he  used  four  burners,  two  in  each  of  his  stores,  and  that 
the  aggregate  of  his  two  bills  was  $13.30  —  one  store  being 
charged  $9.45,  and  the  other,  $3.85.  But  it  does  not  appear 
that  he  burnt  equally  in  both.  If  he  did,  then  one  meter  must 
have  been  out  of  order,  and  did  not  register  correctly.  He 
commonly  lighted  up  at  the  usual  time,  and  kept  burning  till 
nine  or  ten  o’clock.  In  the  corresponding  quarter  of  1842, 
having  then  but  one  store  and  using  six  burners  of  another 
kind,  his  bill  was  $25.00.  He  worked  in  the  cellar  and  burnt 
gas  there.  Messrs.  Burhairk  and  Johnson  testify  to  the  num¬ 
ber  of  hours  they  used  their  respective  burners,  but  their 
bills,  as  I  am  persuaded  you  will  find  on  comparison,  show 
no  discrepancy  of  any  moment  between  the  charges  made 
against  them,  and  those  made  against  other  persons  using 
the  like  numher  of  burners  for  similar  spaces  of  time.  There 


MR.  whiting’s  argument.  101 

are  thousands  of  just  such  bills  in  the  Company’s  books. 
The  last  evidence  of  any  importance,  in  this  part  of  the 
case,  is  that  of  Mr.  Kimhall,  of  the  Museum,  who  states  that 
when  he  shut  off  twenty-five  of  his  one  hundred  burners,  the 
quantity  of  gas  consumed  was  not  lessened  in  the  least. 
This  is  easily  accounted  for  when  we  remember  that  his 
lights  were  all  supplied  by  one  service  pipe  from  the  street 
main,  and  that  shutting  off  some  of  the  burners  would  only 
operate  to  increase  the  pressure  upon  the  rest.  It  proves  too 
the  fact  for  which  we  contend,  and  to  which  Mr.  Blake  tes¬ 
tified,  that,  in  a  given  length  of  time,  more  gas  may  he  burnt 
in  four  burners  improperly  managed  than  in  six  adjusted  to 
advantage ;  and  that  any  number  of  burners  injudiciously 
used,  will  not  give  an  increase  of  light,  at  all  in  proportion  to 
the  increase  in  the  quantity  of  gas  consumed. 

Gentlemen,  I  have  done  with  this  portion  of  the  evidence. 
I  have  spent,  perhaps,  too  much  time  upon  it,  since  it  all 
amounts  to  nothing,  as  you  see.  But  it  was  necessary  to  go 
into  it  somewhat  at  length,  in  justice  to  my  clients,  and  to 
obtain  a  full  understanding  of  the  whole  matter. 

Now,  what  are  the  fair  inferences  to  be  drawn  from  all  this 
testimony  ?  I  draw  two  ;  —  First,  that  all  these  bills  pretty 
nearly  correspond  to  the  amounts  of  gas  thought  to  be  used, 
by  the  consumers  themselves.  They  compare  as  well  — 
nay,  far  better  —  with  such  estimates  than  would,  for  instance, 
the  actual  amount  of  water  which  a  man  might  drink  during 
a  given  period,  with  his  estimate  of  that  quantity.  And, 
second,  that  they  fully  support  the  reasonableness  of  our 
charge,  considering  the  number  of  burners  used  and  the  time 
during  which  they  were  kept  lighted.  It  is  to  a  cent  the 
same  sum  charged  to  another  man,  —  (Mr.  Burbank)  —  who 
used  exactly  as  many  burners  for  just  about  the  same  length 
of  time,  during  this  very  quarter  —  and  whose  bill  for  the 
quarter  has  been  put  into  the  case.  We  could  not  have,  and 
would  not  ask  for,  better  evidence  than  this  in  our  favor,  if  it 
be  entitled  to  any  weight. 

Now,  gentlemen,  as  to  this  particular  case  of  Mr.  Gault’s. 
An  attempt  has  been  made  to  mislead  you  by  the  statement 
that  during  the  first  quarter  as  to  which  question  has  been 
made — that  ending  January  1st,  1847  —  he  used  six  burners 
more  hours  than  during  the  quarter  in  suit,  when  he  used 
only  four  burners,  and  shut  up  nearly  an  hour  earlier  than 
before.  Otis  Foster  is  the  only  witness  for  Gault  upon 
these  points,  and  I  don’t  wonder  that  the  counsel  thought  it 
necessary  to  endeavor  to  patch  and  bolster  up  his  testimony. 
This  Foster  is  a  lad  learning  his  trade  in  Gault’s  shop  — 

9* 


102 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


eating  at  Ganlt’s  table — and  sleeping  in  Gault’s  house.  He 
comes  on  to  the  stand  apparently  eager  to  tell  all  he  knows 
in  favor  of  his  master.  He  has  been  made  to  swear  that 
during  the  fall  quarter  of  1846,  six  burners  were  used  all  the 
time  in  the  evening,  while  during  that  quarter  of  1847,  only 
four,  and  not  always  so  many,  were  lighted.  Had  this  state¬ 
ment  been  a  fact,  this  testimony  uncontradicted  —  still  I 
should  have  asked,  what  of  it  ?  For  we  have  proved  in 
your  presence,  by  actual  experiment,  that  a  single  burner 
can  be  made  to  consume  from  twenty-three  to  twenty-four 
cubic  feet  of  gas  in  a  single  hour  ;  and  one  burner  could  con¬ 
sume  in  a  fortnight  more  than  is  charged  to  Gault  for  the 
whole  quarter.  But  his  statement  is  contradicted  by  Mr. 
Turner,  whose  evidence  I  shall  come  to  presently.  But  we 
heard  nothing  from  the  able  counsel  on  the  other  side  about 
Foster’’ s  being  prejudiced  in  favor  of  Gault  —  not  a  word 
about  his  being  the  defendant’ s  hired  and  paid  servant.  He 
is  the  bounden  apprentice  of  Mr.  Gault ;  he  is  subject  to 
his  blows  —  ay,  gentlemen,  by  law  his  master  may  inflict 
personal  chastisement  upon  him,  if  he  has  cause  —  but  not  a 
syllable  of  all  this  do  we  hear  even  whispered.  I  will  not 
say  that  the  witness  does  not  mean  to  tell  the  truth — but 
even  since  this  very  trial  commenced,  he  admits  that  he  has 
talked  with  his  master  about  it  more  than  once,  and  it  is  im¬ 
possible  but  that  his  mind  should  be  influepced  and  his  rec¬ 
ollection  of  facts  overshadowed  by  his  secret  communion 
with  such  a  personage. 

His  evidence,  however,  such  as  it  is,  is  completely  over¬ 
thrown  in  more  than  one  way.  It  does  so  happen,  as  has 
been  sworn  to,  that  in  the  last  quarter  of  1846,  Gault  com¬ 
plained  of  his  gas  fixtures  and  of  his  lights.  The  pendant 
in  his  window  Avas  so  arranged  that  if  the  gas  were  lighted 
it  would  break  the  glasses  and  set  fire  to  the  goods  hanging 
on  the  frame  in  the  window,  as  he  said.  Yet  Foster  swears 
that  those  window  lights  Avere  used  during  that  quarter,  and 
still  he  states  that  the  fixtures  AA'^ere  not  altered  till  three  or 
four  months  after  Gault  moved  in — and  that  Gault  did 
moA'c  in  about  the  last  of  September  in  that  year  !  So  much 
for  Foster.  Turner  Avent  by  Gault’s  store  every  day  during 
that  period,  and  he  never  saAv  those  lamps  burning.  Turner 
swears,  too,  that  Gault  told  him  he  had  been  there  three 
months  and  hadn’t  been  able  to  use  his  windoAV  lights,  and 
didn’t  see  Avhy  he  could  not  be  attended  to  as  Ai'ell  as  others 
Avho  Avanted  to  have  their  gas  lights  fixed.  There ’s  Gault’s 
Avord  for  it  —  in  flat  contradiction  of  Foster.  Turner  xdso 
testifies  that  the  lights  coxdd  not  haAm  been  used  as  they  then 


MR.  whiting’s  argument.  103 

were,  without  breaking  the  glasses,  and  probably  setting  fire 
to  the  goods.  But  further  and  better  yet.  It  appears  from 
incontrovertible  evidence  that  the  fixtures  for  the  window 
lights  were  improperly  put  up.  Hooper’s  men  \vho  arranged 
them  plugged  up  the  wall  pipe  so  much,  screwed  the  pendant 
pipe  so  far  into  it,  that  no  gas  at  all  could  escape  into  this 
last  pipe  and  be  burnt  in  the  window  burners,  until  after 
they  were  altered ;  and  they  were  not  altered  until  nearly 
the  expiration  of  the  quarter.  That  fact  is  sworn  to  by  the 
men  who  altered  the  fixtures,  and  it  is  a  complete  demonstra¬ 
tion  of  the  impossibility  of  using  those  two  lights  in  their 
original  state.  And  yet  that  man,  the  defendant,  sits  by  his 
counsel’s  side,  authorising  and  instructing  him  to  assert,  and 
argue  upon,  a  falsehood — yet  his  boy  swears  point  blank  to 
the  statement  —  that  six  bumiers,  all  there  were  in  the  shop, 
were  used  during  the  whole  of  that  quarter.  Whereas  the 
fact  is  that  the  window  lights  were  not  used  at  all  —  at  least 
not  until  near  the  very  end  of  the  quarter.  So  that  it  turns 
out  that  four  burners  were  used  in  each  of  the  two  quarters, 
except  perhaps  for  two  or  three  weeks  in  the  first,  after  the 
fixtures  had  been  altered  so  that  six  might  then  be  lighted. 
And  the  bill  for  the  second  quarter  is  less  by  one  or  two  dol¬ 
lars  than  that  for  the  first.  See  now  how  Foster  appears. 
Swearing  to  a  falsehood  —  contradicting  himself  in  three  or 
four  instances  —  contradicted  by  his  master’s  declarations  to 
Turner  and  others — contradicted  by  Turner's  direct  and 
positive  testimony  —  and  contradicted  by  established  facts. 
What  weight  can  be  attached  to  his  evidence  in  the  only 
points  where  it  has  any  force  in  favor  of  the  defendant  ? 
None  whatever.  The  result  of  all  the  evidence  is  simply 
this  —  that  Foster  is  mistaken  in  supposing  that  there  was 
any  material  ditference  in  the  number  of  burners  used  by  his 
employer  during  the  two  quarters,  which  have  been  compared 
together,  and  for  which  the  bills  are  nearly  equal  —  and  that 
sundry  consumers  of  gas  have  used  their  burners  a  certain 
number  of  hours,  according  to  their  best  recollection,  and 
have  burned  more  gas  at  one  period  than  at  another. 

The  whole  force  of  the  defendant’s  argument  as  to  the  in¬ 
correctness  of  the  meter,  drawn  from  differences  between  the 
amounts  charged,  and  the  amounts  supposed  to  be  used,  de¬ 
pends  upon  the  accuracy  and  judgment,  with  which  exper¬ 
iments  are  made  and  observed :  and  to  make  experiments  at 
all  conclusive  upon  such  materials  as  these,  requires  a  person 
of  philosophic  mind  —  of  education  in  many  of  the  physical 
sciences — of  quick  eye,  and  skilful  hand: — Few  persons 
are  competent  for  such  labors.  In  no  case  has  the  defendant 


104  BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 

produced  evidence  of  a  single  experiment  performed  by  any 
person  whatever.  He  has  drawn  his  inferences  from  opin¬ 
ions  or  estimates  of  different  consumers  ;  who  have  in  no  in¬ 
stance  been  present  at  all  times  during  the  experiment  —  and 
have  in  no  instance  adopted  any  process  of  ascertaining  the 
height  of  flame,  the  amount  of  gas,  the  degree  of  light,  the 
exact  length  of  time  of  burning  gas,  the  size  and  number 
of  orifices  in  the  burners,  the  distance  from  the  burner  at 
which  the  oxygen  of  the  air  unites  with  the  hydrogen  of  the 
gas  —  so  as  to  produce  that  incandescence  of  the  carbon,  on 
which  the  brightness  of  the  light  principally  depends, — the 
size,  shape,  altitude,  and  thickness  of  the  glass  cylinder 
which  sits  upon  the  burner,  and  on  which  the  amount  of 
draft  and  the  perfection  of  combustion  in  a  great  degree  de¬ 
pend. 

No  more  deceptive  standard  of  comparison  of  the  consump¬ 
tion  of  gas  by  different  persons,  at  diferent  times  and  places, 
could  be  imagined  than  such  observations  as  have  been  put 
in  evidence.  And  for  this  there  are  various  reasons.  One 
is  the  error  in  regard  to  the  time  of  lighting  up,  which  is  a 
very  general  error.  The  common  idea  appears  to  be  that 
the  usual  lighting  hour  in  the  late  winter  months,  is  about 
half  past  four,  but  I  undertake  to  say  that,  frequently,  20,000 
feet  of  gas  are  burned  in  a  day  in  Boston,  in  those  months, 
before  four  o’clock  in  the  afternoon.  The  amount  with¬ 
drawn  from  the  great  gasometer  at  the  gas  works  proves  this. 

A  register  there  indicates  the  number  of  feet  of  gas  manu¬ 
factured  each  day,  and  the  number  which  is  distributed  — 
and  the  quantity  which  has  been  consumed  can  be  seen  at  a  * 
glance  at  any  hour  of  day  or  night. 

Nor  is  it  possible  for  a  man  to  tell  with  accuracy  the  aver¬ 
age  number  of  hours  he  has  used  his  burners  for  a  month 
—  much  less  a  quarter  —  unless  he  has  kept  a  record  of  each 
day’s  burning.  Nor  can  the  quantity  of  gas  burned  in  the 
same  hours  on  diff'erent  days  be  correctly  estimated  for  three 
months.  A^et  upon  these  circumstances,  and  especially  on 
the  last,  are  the  judgments  of  quantities  consumed  made  up 
among  the  people.  Need  I  say  how  utterly  impossible  it  is 
to  tell  how  much  gas  is  burned  by  observing  the  height  of 
the  flame  ?  Increasing  this  height  of  flame  does  not  increase 
pro  rata  the  amount  of  gas  used,  as  you  Avill  remember  from 
Slader's  testimony.  He  states  that,  on  actual  experiment, 
he  finds  that  the  common  argand  burner  with  the  flame  set 
at  three  fourths  of  an  inch  in  height,  will  burn  about  two 
feet  of  gas  per  hour  ;  at  one  and  a  half  inches,  it  will  burn 
about  three  feet ;  at  two  and  one  fourth  inches,  about  four 


105 


MR.  whiting’s  argument, 

feet ;  at  three  inches,  about  five  feet ;  and  at  three  and 
three  fourths  inches,  about  six  feet.  So  that  every  burner 
will  consume  from  two  to  six  feet  of  gas  according  to  the 
variation  in  the  height  of  the  flame  from  three  fourths  to 
three  and  three  fourths  inches  —  but  the  increase  of  consump¬ 
tion  is  not  in  arithmetical  proportion  to  the  increase  in 
height. 

Now  let  a  man  regulate  a  single  burner  at  any  height  of 
flame  he  pleases,  and  tell  me  how  many  cubic  feet  of  gas 
he  supposes  he  burns  each  hour  to-night.  Let  him  take  the 
same  burner  to-morrow  night  and  tell  me  hoAv  much  he 
burns  then.  Let  him  go  on  for  a  quarter,  and  tell  me  at  the 
end  of  the  three  months  the  total  amount  he  has  burned. 
Does  any  body  suppose  he  would  do  more  than  to  ap¬ 
proximate  the  true  number  of  feet  ?  Why,  the  amount  of 
gas  that  flows  through  a  single  aperture  in  the  perimeter  of 
the  burner  varies  through  a  great  range  according  to  circum¬ 
stances,  being  chiefly  controlled  ho-\vever  by  the  pressure 
on  the  gas,  its  friction  in  passing  through  the  pipes,  the 
amount  of  draft,  &c.  It  would  he  almost  as  difficult  to  cal¬ 
culate  the  quantity  of  gas  delivered  through  any  given  burn¬ 
er,  at  any  given  height  of  flame,  as  to  construct  the  formu- 
Ise  by  which  the  laws  of  flowage  of  water  in  pipes  or  canals 
are  indicated — and  every  one  acquainted  with  hydrodynam¬ 
ics  is  aware  how  complicated  and  how  difficult  of  application 
they  are.  You  all  have  noticed  the  flame  of  your  gas  lights 
rising  and  falling  repeatedly  in  the  course  of  the  same  evening, 
without  any  change  in  the  regulating  stop-cock  of  your  burn¬ 
ers.  If  you  have  lighted  considerably  earlier  than  the  con¬ 
sumers  in  general,  you  have  seen  your  flame  diminish  from 
time  to  time,  as  street  after  street  has  been  lighted  up  in 
your  neighborhood.  And  if  you  have  had  occasion  to  burn 
till  a  late  hour,  you  know  that,  as  business  ceases,  and  the 
stores  close,  your  flame  springs  up  —  more  or  less  sudden¬ 
ly —  according  to  the  simultaneous  or  gradual  extinction  of 
other  lights.  And  if  you  still  keep  open  till  the  thea¬ 
tres  and  other  places  of  amusement  have  closed  their  doors, 
and  extinguished  their  lamps,  you  find  that  your  stop-cock 
needs  to  be  partly  closed  in  order  that  you  may  not  burn  or 
waste  much  more  gas  than  you  require. 

You  recollect  the  testimony  of  Mr.  Blake  that  a  single 
burner  may  be  made  to  consume  from  one  fortieth  of  a  foot  to 
twenty-four  feet  jier  hour  —  and  you  saw  this  maximum  quan¬ 
tity  actually  consumed  in  one  of  the  burners  in  the  lobby 
of  the  court-room.  And,  moreover,  we  must  recollect  that 
even  though  the  gasometer  itself  were  under  a  constant  pres- 


106 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


sure  —  yet  each  burner  is  subject  to  considerable  variations 
of  pressure,  as  stated  before  —  a  thing  which  cannot  entirely 
be  avoided ;  so  that  there  is  no  gauge  by  which  to  set 
the  height  of  flame,  and  no  possibility  of  keeping  it  at  the 
same  height,  without  watching  it  at  every  moment,  so  as  to 
form  any  accurate  judgment  of  the  quantity  of  gas  consu¬ 
med.  The  most  you  can  do  is,  to  form  a  conjecture  on 
the  subject. 

But,  gentlemen,  there  is  another  source  of  error  in  this 
class  of  investigations.  We  are  apt  to  suppose  that  equal 
amounts  of  light  will  enable  us  to  see  equally  well  at  all 
times.  This  is  not  so.  Light  is  of  so  ethereal  and  subtle  a 
nature,  and  the  eye  so  changeful  in  its  humors,  that  the  quan¬ 
tity  necessary  to  enable  a  man  to  see  clearly,  may  vary  greatly 
at  ditferent  periods ;  and  this  amount  cannot  be  judged  of 
from  the  apparent  degree  of  light  required  and  obtained. 
There  are  various  other  considerations  entering  into  this 
question  —  whether  the  light  produced  at  two  periods  is 
equal  ?  Among  these  are  the  state  of  the  atmosphere  —  the 
different  constitution  of  different  eyes  in  regard  to  the  capac¬ 
ity  of  enduring  light — and  the  physical  health  and  strength 
of  the  system.  The  sickly  student,  bending  by  the  side  of  his 
midnight  lamp,  finds  his  retina  too  sensitive  even  to  its  dim 
and  flickering  ray.  At  another  hour,  with  his  gun  upon 
his  shoidder,  he  follows  the  course  of  his  game  in  eager  and 
painless  pursuit  along  the  refracting  sand  of  the  sea-shore 
amidst  the  intensest  glare  of  the  blazing  noon.  So  also  we 
must  take  into  consideration  the  different  avocations  of  those 
who  experiment  on  gas  light  —  extending  into  almost  infi¬ 
nite  variety  ;  these,  and  various  other  circumstances  must 
be  taken  into  account  in  estimating  the  degree  of  light  re¬ 
quired,  and  the  amount  of  gas  used  in  producing  it.  If  then 
it  is  so  hard  a  thing,  by  looking  at  the  burners,  to  judge  of 
the  single  fact  of  the  quantity  oi  gas  consumed  —  so  impos¬ 
sible  a  thing  to  judge  of  it  correctly  .Avithout  actual  measure¬ 
ment —  Avhen  the  question  is  complicated  by  the  introduc¬ 
tion  of  all  these  other  elements,  you  percehm  at  once  that 
all  attempts  to  make  a  comparison  of  judgment  in  regard  to 
the  relative  amounts  of  gas  burned  at  different  points,  must 
be  vain  and  unsatisfactory. 

Now,  gentlemen,  I  ask  you  to  notice  one  fact.  In  the 
Avhole  course  of  this  trial  the  defendant  has  not  brought  a  sin¬ 
gle  Avitness  to  the  stand  avIio  is  not  interested  more  or  less, 
in  one  Avay  or  another,  against  the  Corporation  —  except  the 
scientific  gentlemen  —  and  their  eAudence  is  all  in  our  favor. 
It  is  all  in  accordance  Avith  that  of  the  scientific  gentlemen 


MR.  whiting’s  argument. 


lor 

whom  we  ourselves  have  called  before  you.  No  man  of 
science  has  testified  to  one  solitary  instance  of  the  meter 
having  proved  erroneous  —  no  witness  of  any  kind  comes 
here  with  one  ascertained  fact  whereby  to  overthrow  its 
claims  to  correctness.  Why  did  they  not  get  some  skilful 
man  to  try  one  single  experiment  to  show  its  want  of  accu¬ 
racy  ?  They  have  had  time  enough  surely  —  have  they  fear¬ 
ed  to  make  the  attempt,  as  well  they  might?  You  will 
weigh  then  this  harmonious  scientific  testimony,  together 
with  the  ocular  demonstration  of  the  meter’s  complete  ac¬ 
curacy  which  you  have  had  —  against  the  crude  opinions  of 
those  who  indeed  know  nothing  of  the  matter  except  by 
vague  conjectures.  And  even  among  all  the  witnesses  offer¬ 
ed  by  the  defendant,  no  man  of  them  has  stated  that  he 
burned,  or  believed  he  burned,  less  than  he  paid  for.  Out  of 
them  all,  every  one  but  two  has  paid  his  bills  and  continues 
to  take  the  gas.  Does  this  indicate  any  want  of  confidence 
in  the  Corporation  ?  But  supposing  you  should  he  of  opin¬ 
ion  that  in  some  cases  there  is  a  discrepancy  between  the 
quantity  burned  and  the  amount  charged  in  the  bills  —  is  it 
not  more  charitable,  and  more  rational,  to  suppose  that  there 
was  some  mistake  in  transcribing  the  registration  of  the  me¬ 
ter,  or  that  it  was  out  of  order  —  than  that  there  was  fraud 
or  wickedness  in  the  matter  —  or,  what  is  still  more  prepos¬ 
terous,  that  the  Company’s  whole  system  of  operations  is 
based  on  deception  and  fraud  ?  Out  of  2500  meters  it  would 
be  strange,  indeed,  if  ten  might  not  be  out  of  order.  Out  of 
10,000  bills  made  out  each  year,  it  would  be  strange  if  some 
errors  might  not  be  committed. 

Gentlemen,  I  have  nearly  done.  A  few  words  upon  the 
last  and  foulest  charge  brought  against  the  Company  by  the 
defendant,  and  I  shall  leave  the  case  in  your  hands. 

The  fourth  characteristic  operation  of  Mr.  Gault  in  this 
case,  is  a  bold  attempt  to  infiuence  the  minds  of  the  jury 
against  the  plaintiffs,  by  the  weighty  and  solemn  charge  — 
that  to  so  great  a  degree  are  the  affairs  of  the  Company 
managed  merely  “  by  guess,  ”  that  they  have  actually  sent 
out  bills  for  gas  for  quarters  during  which  no  gas  at  all  has 
been  used.  And  this  Mr.  Gault  said  he  should  prove.  It 
would,  were  it  true,  be  an  exceedingly  grave  imputation  upon 
the  character  of  the  Corporation,  and  of  every  individual  con¬ 
cerned  in  such  a  proceeding.  It  is  nothing  more  nor  less,  in  ef¬ 
fect,  than  a  charge  that  the  Company  are  in  the  habit  of  set¬ 
ting  up  false  claims, — in  short,  of  levying  “  black  mail”  upon 
their  customers.  If  the  respectable  agent  of  this  Company  has 
been  guilty  of  such  conduct,  it  should  be  exposed  —  though 


108  BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 

it  would  deservedly  cover  his  gray  hairs  with  dishonor.  The 
charge  has  been  publicly  made  in  Court,  and  it  has  gone  forth 
upon  the  Avings  of  the  Avind  to  the  ears  of  every  gas  consum¬ 
er  in  the  city.  Was  it  made  in  good  faith  ?  Why  Avas  it 
put  into  the  counsel’s  mouth  by  his  client  ?  Why  Avas  it  thus 
attempted  to  overAvhelm  Avith  shame  and  dishonor  the  gen¬ 
tlemen  engaged  in  this  Company,  and  especially  the  agent 
Avho  has  the  chief  management  of  their  business?  Why 
AA'as  it  that  the  defendant  should  thus  seek  to  make  him  hide 
his  countenance  in  disgrace  from  the  eyes  of  his  felloAV-cit- 
izens,  amongst  whom  for  so  many  years  he  has  borne  so  high 
a  reputation  for  honesty,  intelligence  and  integrity  ?  Why 
Avas  it?  You  can  judge  of  the  defendant’s  motive,  gentle¬ 
men,  —  and  AAdiether  he  Avho  made  it,  himself  believed  the 
charge. 

Let  us  dAvell  one  moment  on  the  only  proof  they  have 
condescended  to  furnish. 

Mr.  James  H.  Wheeler,  of  No.  8,  Central  street,  was  the  man 
Avhose  eAudence  was  relied  on  to  maintain  this  accusation, 
and  he  AAms  put  upon  the  stand.  Before  he  proceeded  to  tes¬ 
tify  as  to  the  contents  of  the  hill  said  to  have  been  rendered 
to  him  for  gas  which  he  had  never  used,  I  asked  to  have  the 
bill  produced  in  Court  that  Ave  might  see  the  evidence  Avith 
our  OAvn  eyes.  I  asked  him  as  a  man  of  honor  to  produce 
the  document,  and  he  left  the  stand  to  procure  it.  But  be¬ 
fore  he  went  out,  I  arose  and  stated  in  open  Court  —  to  him 
especially,  in  the  hearing  of  his  Honor,  of  the  learned  coun¬ 
sel  for  the  defence,  and  of  every  body  in  the  hall  —  and 
stated  distinctly  that  I  Avas  authorized  and  directed  by  the 
agent  of  the  Company  to  offer  a  reAvard  out  of  his  oavii 
purse,  of  FIVE  hundred  dollars  for  proof  of  the  existence  of 
any  such  hill.  I  wanted  Mr.  Wheeler  to  feel,  not  only  the 
impulse  of  his  promise  under  oath,  but  also  the  hope  of  a 
large  reAvard,  to  induce  him  to  produce  that  bill.  You  all 
remember  this.  Mr.  Wheeler  left  the  Court-house  —  and 
that  ivas  the  last  we  have  heard  of  him.  He  left  the  stand, 
entitled  to  fiAm  hundred  dollars,  if  he  could  produce  any  bill 
against  himself  for  gas  Avhen  he  had  used  none  —  and  he 
never  showed  his  head  to  us  again.  For  if  he  had  sAvorn 
on  the  stand  as  the  defendant’s  counsel  Avas  told  that  he 
would  SAvear,  we  should  haAm  had  an  account  to  settle  AAdth 
Mr.  James  H.  Wheeler  more  troublesome  than  his  bill  for 
gas !  But  he  has  eA^aded,  and  escaped  us.  He  has  van¬ 
ished  like  the  ghost  in  Hamlet,  shuddering  at  the  first 
gleam  of  morning  light.  But  let  justice  be  done  to  the 
absent.  Here  is  a  transcript  of  his  bill. 


109 


MR.  whiting’s  argument. 

Wheeler  &  Cushing,  No.  8  Central  street,  commenced 
burning  gas,  Sept.  2,  1845. 


Burned  to  Oct.  1,  184.5,  ....  $0.24 

“  “  Jan.  1,  1846,  ....  2.00 

“  “  April  1  “ . 1.60 

“  “  May  14,  “ . 0.80 

“  “  July  1,  “ . 0.20 

“  “  Oct.  1,  ‘‘ . 0.20 

“  “  Jan.  1,  1847,  ....  2.00 

“  “  April  1,  “  ....  1.40 

‘‘  “  July  1,  “  ....  0.70 

“  “  Oct.  1,  “  ....  0.70 

“  “  Jan.  1,  1848,  ....  2.45 


$12.29 

There  is  the  grand  total  from  September,  1845,  to  Janu¬ 
ary,  1848,  amounting  to  the  sum  of  $12.29.  Some  entire 
quarters,  you  perceive,  are  only  charged  with  seventy  cents, 
and  one  with  only  twenty  cents  for  gas.  Ay,  gentlemen, 
twenty  cents  for  a  quarter’s  bill !  Hardly  gas  enough  for 
a  long  breath  —  too  little  to  seal  a  dozen  letters  with  — 

- “JTehad  not  to  repent 

Of  time-bewasted  light.” - 

Now,  gentlemen,  the  Corporation  does  not  send  out  bills  for 
twenty  cents’  worth  of  gas.  It  waits  till  the  amount  is  suf¬ 
ficient  to  pay  at  least  for  the  wear  and  tear  of  shoe  leather 
on  the  collector’s  feet.  It  includes  all  these  trivial  sums  in 
one  bill,  and  it  is  rendered,  when  it  becomes  large  enough 
to  be  worth  collecting  —  whether  that  happens  once  a  quar¬ 
ter,  or  not  until  after  a  series  of  quarters.  That  is  the  ex¬ 
planation  of  Mr.  Wheeler^ s  having  had  a  bill  for  gas  which  he 
at  first  supposed  he  had  not  used.  He  found  it  so  when  he 
hunted  up  the  bill,  and  was  unwilling  to  re-appear  upon  the 
stand  —  I  wonder  not  he  was.  There  is  the  only  show  or 
shadow  of  foundation  for  the  shameful  and  base  slanders 
that  have  been  trumpeted  forth  against  this  Gas  Light  Com¬ 
pany  : — 

“  Oh  fie  upon  thee,  slanderer.” 

And  now,  gentlemen  of  the  Jury,  I  have  closed  the  case 
on  behalf  of  my  clients,  the  plaintiffs  in  this  suit.  I  have 
endeavored  to  prove  to  your  satisfaction,  the  propositions  — 
That  the  Coriporation  has  supplied  some  gas  to  the  defen¬ 
dant. 


10 


no 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


That  the  fair  value  thereof  is  three  and  one  half  mills  per 
cubic  foot. 

That  the  number  of  cubic  feet  charged  in  the  books  of  the 
Corporation,  is  the  amount  registered  by  the  meter. 

That  the  meter  is  a  reasonably  correct  measurer  of  the 
quantity  consumed,  and  that  this  is  demonstrated —  Is^.  By 
ocular  proof — 2d.  By  analysis  of  the  principles  of  its  con¬ 
struction  and  operation. 

That  Gault  is  bound  by  contract,  implied  by  his  former 
course  of  dealing,  to  pay  for  the  amount  registered. 

I  have  endeavored  to  explain  the  effect  of  all  the  derange¬ 
ments  of  the  meter,  upon  the  admeasurement  of  gas  ;  and  to 
expose  the  insincerity  and  falseness  of  the  defendant’s  charges 
against  the  Corporation.  At  the  risk  of  tediousness  I  have 
thought  it  my  duty  to  enter  into  the  subject  fully.  The 
members  of  the  Corporation  have  long  been  anxious  for  an 
opportunity  to  show  the  public  how  they  have  conducted 
their  business,  and  to  disabuse  the  popular  mind  of  those 
prejudices  against  them  which  some  parties  have  been  so 
active  in  creating.  And  now,  gentlemen,  we  leave  you  to 
say,  by  yoirr  verdict,  whether  the  instrument  we  use  for 
measiu’ing  gas  be  not  accurate  and  trust-worthy — whether 
the  Corporation  has  not  dealt  fairly  and  even  liberally  with 
Mr.  Gault  —  and  all  its  other  customers — and  whether  the 
respected  “  Agent  of  the  Works,”  has  been  guilty  of  any 
conduct  which  is  unworthy  of  an  honest  man. 

Mr.  Whiting  concluded  his  argument  at  eighteen  minutes 
after  twelve  o’clock.  At  twenty  minutes  after  tweh'e,  Judge 
Byington  commenced  his  charge,  as  follows  : 


GENTLEMEN  OF  THE  JURY : 

This  is  an  action  for  the  recovery  of  twenty-five  dollars 
and  fifty-five  cents,  the  price  of  seventy-three  hundred  cubic 
feet  of  gas,  Avdiich  the  plaintiffs  allege  they  sold  and  delivered 
to  the  defendant,  during  the  quarter  of  the  year  beginning 
October  1,  1847,  and  ending  January  1,  1848. 

The  defendant  denies  that  any  gas  was  delivered  to  him, 
or,  if  any  was  delivered,  not  so  much  as  is  charged  to  him 
by  the  plaintiffs. 

The  pleadings  present  the  issue  in  question,  in  a  very 
simple  form,  but  the  proof  of  the  facts  in  issue  has  required 
a  great  deal  of  testimony,  a  long  and  careful  im'estigation  of 
the  manner  in  which  the  plaintiffs  supply  their  customers 
with  gas,  their  mode  of  measuring  gas,  and  a  trial  of  the  ac¬ 
curacy  of  their  measure. 


Ill 


judge’s  charge. 

The  matter  in  controversy  is  of  small  amount,  and  of  com¬ 
paratively  little  importance  to  the  parties,  but  a  question  in¬ 
volved  in  the  issue,  namely,  the  accuracy  of  the  meter  of  the 
plaintiffs  by  which  the  gas  is  measured,  is  one  of  great  interest 
to  the  plaintiffs,  and  to  that  numerous  class  of  persons  who 
are  supplied  with  light  by  them. 

The  counsel  have  indulged  in  remarks  in  praise  and  cen¬ 
sure  of  the  parties  to  the  suit.  All  that  you  have  to  con¬ 
sider  in  relation  to  them  is  that  they  are  both  legalty  inno¬ 
cent,  having  a  right  to  a  trial  and  to  a  verdict  in  accordance 
with  the  law  and  the  evidence.  Yon  are  to  try  the  case,  not 
the  parties,  and  the  idea  is  not  to  be  entertained,  for  a  moment, 
that  a  verdict  in  a  matter  of  contract  can  in  the  least  degree 
be  affected  by  a  consideration  of  the  parties  to  a  suit.  If  a 
different  result  may  be  had  in  one  case  from  that  in  another, 
upon  the  same  evidence,  because  the  parties  are  different, 
then  there  is  an  end  to  the  pure,  the  equal  administration 
of  justice,  so  all-important  to  the  happiness  of  mankind. 

The  great  and  important  inquiry  in  this  case  is,  whether 
the  measure  of  the  plaintiffs  is  to  be  relied  on  as  accurate. 
There  is  another  question  also,  namely,  whether  it  is  proved 
to  your  satisfaction  what  was  the  number  of  feet  of  gas  indi¬ 
cated  by  the  register  at  the  time  the  witness  took  an  account 
of  it,  on  or  about  the  first  of  January,  1848. 

The  counsel  for  the  plaintiffs,  near  the  close  of  his  argu¬ 
ment,  and  after  having,  as  he  claimed,  demonstrated  the  ac¬ 
curacy  of  the  meter,  and  answered  all  objections  to  it,  inter¬ 
posed  a  claim  that  if  he  had  not  done  so,  yet  the  plaintiffs 
were  entitled  to  recover  in  this  case,  because,  it  having  been 
proved  that  the  defendant  was  accustomed  to  take  gas  as 
registered  by  the  plaintiffs’  meter,  and  to  pay  his  bills,  and 
has  made  no  objection  to  the  meter,  but  has  continued  to  take 
the  gas,  he  is  bound  to  pay  for  it  as  registered,  until  he  gives 
notice  that  he  is  not  satisfied  with  the  accuracy  of  the  mea¬ 
sure.  And  the  Court  is  asked  to  give  you  such  instructions. 
I  should  feel  bound  to  do  so  if  I  thought  them  correct, 
though  by  so  doing  a  leading  object  of  the  parties,  in  trying 
this  case,  might  be  defeated.  But  I  do  not  think  this  rule 
applicable. 

Parties  may  agree  upon  a  measure,  no  standard  being  pro¬ 
vided  by  law ;  they  may  adopt  any  mode  most  convenient 
to  themselves  —  by  mutual  agreement.  In  this  case  it  ap¬ 
pears  from  the  evidence,  that  it  requires  great  skill,  the  ap¬ 
plication  of  science,  to  measure  a  meter  accurately  ;  that  it 
cannot  be  done  at  all,  or  at  least  not  without  great  difficulty, 
at  any  place  but  at  the  works  where  gas  is  manufactured ; 


112 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


that  the  plaintiffs  invariably  measure,  and  try,  and  furnish  the 
meters  to  their  customers.  The  plaintiffs  by  thus  furnishing 
meters  represent  that  they  are  accurate,  and  if  their  custom¬ 
ers,  relying  on  such  representation,  pay^  bills  rendered  ac¬ 
cording  to  such  measure,  it  is  not  an  acknowledgment  by 
them  of  accuracy,  and  they  have  a  right  to  recpiire  the  plain¬ 
tiffs  to  prove  the  meter  to  he  accurate  —  the  means  of  proving 
and  the  means  of  obtaining  the  knowledge  of  the  fact  resting 
exclusively  Avith  the  plaintiffs. 

The  defendant,  on  his  part,  claims  that  it  is  a  fact  proved 
in  the  case,  that  the  illuminating  poAver  of  gas  depends 
upon  its  density,  and  as  it  is  proA^ed  that  the  meter  does  not 
indicate  the  density  of  gas  as  it  passes  through  it,  hut  alike 
measure  a  foot  of  gas  Avhether  under  a  greater  or  less  press¬ 
ure, —  he  may  have  got  a  less  amount  of  illuminating  poAver 
than  he  Aims  entitled  to.  On  this  point  the  Court  instruct 
you  that  the  defendant  in  contracting  for  gas,  contracted  for 
it  in  the  state,  and  to  be  delii^ered  under  the  pressure,  that 
the  plaintiffs  Avere  in  the  habit  of  selling  it,  and  had  sold  to 
the  defendant  previously,  there  being  no  express  contract 
proved  relative  to  its  density.  The  price  Avas  fixed  in  ref¬ 
erence  to  this. 

The  main  and  great  question,  therefore,  must  be  decided 
by  the  jury,  and  the  plaintiffs  must  shoAV  the  accuracy  of 
their  meter  in  order  to  be  entitled  to  a  Verdict  for  the  full 
amount  of  their  claim.  In  order  to  do  this  they  haAm  called 
several  Avitnesses  to  shoAv  Avhat  is  understood  by  a  cubic  foot 
of  gas  —  to  shoAv  that  their  meters  are  all  made  by  one  per¬ 
son  in  their  employ,  and  that  they  are  all  measured  Avith  the 
greatest  care  by  persons  of  competent  skill  —  that  the  meters 
of  the  plaintiffs  have  been  tested  and  conqiared  by  other 
meters  used  in  other  cities  of  this  country  and  Avith  meters 
used  abroad,  and  especially  Avith  the  Edinburgh  meter,  Avhich 
is  claimed  to  be  perfect  —  that  there  is  no  difficulty  in  meas¬ 
uring  a  foot  of  gas,  &.c. 

The  plaintiffs  have  further  offered  proof  of  the  accuracy 
of  their  meter  by  an  experiment  made  in  your  presence  dur¬ 
ing  the  trial,  Avith  the  gasometer  and  the  meter.  And  from 
all  these  sources  they  claim  to  liaAm  established  the  correct¬ 
ness  and  accuracy  of  their  meter. 

And,  —  although  they  liaA^e  not  brought  Avitnesses  nor 
proof  that  the  Edinburgh  meter  has  been  actually  tried  and 
proved  as  it  purports  to  have  been  —  inasmuch  as  it  is  com¬ 
monly  received  and  used  by  persons  acquainted  Avith  the 
subject  as  true,  this  is  evidence  that  it  is  true. 


113 


judge’s  charge. 

The  defendant  denies  that  there  is  any  evidence  that  the 
Edinburgh  meter  is  accurate. 

In  the  ordinary  trial  of  matters  of  fact  in  a  court  of  justice 
we  proceed  on  many  known  and  admitted  truths.  We  must 
take  some  things  —  those  things  which  the  common  obser¬ 
vation  of  men  has  proved  to  be  true,  to  be  so.  If,  for  in¬ 
stance,  a  witness  is  called  to  prove  that  one  party  worked 
for  another  an  hour,  we  take  it  for  granted  every  body  knows 
what  an  hour  means ;  the  witness  is  not  required  to  give  a 
definition  of  time,  to  explain  the  mechanism  of  a  time  piece, 
the  motions  of  the  pendulum,  or  the  revolutions  of  the  earth  ; 
if  he  were  required  to  explain  these  matters  he  might  be  re¬ 
quired  to  go  further  and  prove  that  there  was  a  world,  the 
existence  of  which  it  is  said  has  been  doubted,  and  this 
it  would  be  very  difficult  for  him  to  do,  although  very  few 
doubt  that  there  is  a  world,  or  at  least  something  that  an¬ 
swers  the  purpose  of  one  exceedingly  well.  Take  another 
familiar  case.  A  suit  is  brought  for  a  piece  of  cotton  cloth : 
a  witness  testifies,  and  is  allowed  to  testify  to  the  sale  and 
delivery  of  cotton  cloth,  although  he  has  never  seen  a  yard 
made,  nor  a  boll  of  cotton  growing.  In  such  a  case  the 
knowledge  of  the  witness  is  derived  from  hearsay,  by  what 
other  people  have  told  him,  yet  he  is  allowed  to  testify  to 
certain  facts,  as  facts  within  his  own  knowledge,  because  he 
testifies  to  a  matter  of  common  knowledge.  And  thus  a 
great  many  facts  are  satisfactorily  proved  by  the  testimony 
of  witnesses,  whose  knowledge  is  derived  from  what  others 
have  told  them.  In  relation  to  truths  which  are  within  the 
knowledge  of  men  of  common  observation,  witnesses  are 
allowed  to  testify  directly. 

By  the  separation  of  employments  or  the  division  of  labor, 
there  is  also  a  division  of  knowledge,  or,  in  other  words,  a 
knowledge  peculiar  to  these  divisions,  as  of  artisans,  manu¬ 
facturers,  engineers,  professional  men,  &c.,  &c.  There  are 
truths  not  generally  obvious,  requiring  much  study  to  learn, 
and  they  are  known  only  to  those  who  have  made  them  a 
subject  of  study ;  but  these  truths  are  as  familiarly  and  com¬ 
monly  known  to  those  who  have  made  them  the  subject  of 
study,  as  are  to  most  men  the  more  general  truths  I  have 
spoken  of.  And  they  who  are  familiar  with  them,  are  al¬ 
lowed  to  testify  to  them,  as  received  and  acknowledged 
truths  by  those  who  do  thus  understand  them,  as  men  in  gen¬ 
eral  are  allowed  to  testify  to  facts  generally  received  as  true. 

On  this  ground  the  plaintiff’s  claim,  and  they  may  well 
claim,  that  a  measure  of  gas  generally  received  as  true  by 

those  interested  to  establish  a  true  measure,  and  who  have  a 
10* 


114 


BOSTON  GAS  LIGHT  COMPANY  VS.  WM.  GAULT. 


knowledge  of  gas  and  of  the  proper  manner  of  measuring  it, 
may  be  used  as  evidence  of  what  is  a  true  measure. 

But  not  relying  on  this  alone,  they  claim  it  as  an  answer 
to  the  allegation  that  they  have  not  proved  the  accuracy  of 
the  Edinburgh  meter,  that  they  have  proved  what  they  have 
attempted  to  prove. 

The  defendant  claims  that  he  has  shown  that  the  meter  is 
an  inaccurate  measure,  for  gas  passes  through  it  sometimes 
and  does  not  register  at  all ;  that  the  meter  gets  out  of  order, 
is  displaced,  has  too  much  or  too  little  water,  and  in  various 
ways  is  liable  to  he  untrue. 

The  plaintiffs,  conceding  that  the  meter  may  make  some 
small  mistakes,  maintain  that  whatever  mistakes  it  makes, 
are  made  against  the  Company,  and  in  favor  of  the  con¬ 
sumer  ;  that  it  speaks  the  truth  from  necessity  if  not  from 
choice,  and  is  one  of  those  sure  and  valuable  witnesses  that 
cannot  lie.  The  defendant  to  this  replies,  that  if  he  has  es¬ 
tablished  the  fact  that  the  meter  is  not  invariably  correct,  no 
matter  which  way  it  errs,  it  cannot  be  relied  upon ;  and  that 
it  would  be  a  most  singular  creature  that  would  be  false  to 
the  hand  that  formed  it  and  to  no  one  else. 

You  must  judge.  The  case  has  been  very  ably  managed 
on  both  sides.  The  counsel  for  the  plaintiffs  has  given  a 
most  lucid,  able  and  interesting  explanation  of  all  matters 
relating  to  the  subject.  ' 

The  defendant  has  also  offered  testimony  of  those  using 
the  gas,  tending  (as  he  claims)  to  show  that  the  plaintiffs, 
have  varied  in  their  charges,  and  from  which  it  may  be 
inferred  that  they  have  at  some  times  charged  for  more  gas 
than  has  been  burned. 

The  attention  of  all  the  witnesses  was  not  particularly 
called  to  all  the  facts  necessary  to  form  an  accurate  opinion 
as  to  the  number  of  hours  that  the  gas  was  burned,  the 
height  of  flame,  &c.  And  the  counsel  for  the  plaintiffs  con¬ 
tends  that  if,  with  all  the  pains  the  Company  have  taken  to 
make  a  correct  measure,  it  cannot  be  relied  upon  —  still  it 
cannot  be  overthown  by  evidence  which  is  more  vague  and 
uncertain. 

Gentlemen,  you  will  decide  upon  the  whole  matter.  The 
burthen  of  proof  is  on  the  plaintiffs.  Have  they  satisfied 
you  of  the  truth  of  their  propositions,  and  has  the  defendant 
failed  to  raise  a  reasonable  doubt  in  your  minds  ?  If  so,  you 
will  find  for  the  plaintiffs  —  otherwise  for  the  defendant. 


VERDICT  OF  THE  JURY. 


115 


Judge  Byington  concluded  his  charge  at  thirteen  min¬ 
utes  before  one  o’clock,  when  the  case  was  given  to  the 
Jury. 

At  ten  minutes  before  one  o’clock,  the  Jury  retired  for 
consideration. 

At  twenty  minutes  after  four  o’clock,  the  Jury  returned 
into  Court,  and  rendered  a  verdict  in  favor  of  the  Plaintiffs, 
for  the  whole  amount  claimed,  and  costs. 


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APPENDIX. 


The  following  figures  are  the  drawings  of  a  Gas  Meter, 
referred  to  in  Mr.  Whiting’s  argument,  in  the  preceding 
pages. 


Ficr.  i. 


118 


APPENDIX, 


APPENDIX. 


119 


NOTE, 

BY  THE  AGENT  OF  THE  BOSTON  GAS  LIGHT  COMPANY. 


The  Boston  Gas  Light  Company  have  laid  before  the  public,  the 
results  of  this  trial,  not  for  the  purpose  of  informing  them  that  they 
have  prevailed  in  this  suit,  but  with  a  view  of  giving  infoi’mation 
which  they  trust  will  be  useful  to  all  consumers  of  gas  —  induc¬ 
ing  them  to  place  reliance  in  the  truthfulness  and  extreme  accuracy, 
of  that  beautiful,  but  much  abused  instrument,  the  gas  meter. 

The  books  of  the  Company  were  submitted  to  the  Court  and  Jury ; 
showing,  from  the  method  of  making  their  entries,  and  keeping  their 
accounts,  that  should  the  man  who  takes  the  state  of  the  register  of 
the  meter,  mistake  a  figure,  making  the  amount  larger  or  smaller 
than  the  amount  actually  used,  yet  as  the  past  number  is  deducted 
from  the  present  to  ascertain  the  amount  used,  an  error  must  of  ne¬ 
cessity  correct  itself;  and  the  sum  total  will  be  the  true  quantity 
consumed. 

Consumers  are  respectfully  requested  to  read  with  care,  the  lucid 
explanation  of  the  construction  and  operation  of  the  meter  made  by 
the  senior  counsel;  which,  with  the  accompanying  drawings,  will, 
we  trust,  make  every  one  as  well  acquainted  with  an  instrument  of 
such  general  use,  as  we  are  ourselves.  His  remarks,  as  to  the 
height  to  which  the  flame  is  carried,  also  merit  attention.  The 
height  of  flame  is  entirely  regulated  by  the  stop-cock  to  each  burn¬ 
er,  and  as  every  one  well  knows  that  the  flow  of  water  from  a  cask 
is  more  or  less,  as  the  cask  is  more  or  less  opened,  so  the  same  law 
operates  with  mriform,  as  with  other  fluids. 

That  errors  may  sometimes  occur  in  the  addition  or  subtraction 
of  numbers  we  admit ;  but  as  the  previous,  as  well  as  the  present 
state  of  the  meter  is  in  all  cases,  distinctly  registered  on  the  bill,  all 
errors  can  be  detected  at  a  glance  ;  and  in  a  set  of  books  containing 
upwards  of  three  thousand  open  accounts,  it  is  not  wonderful  that 
mistakes  should  sometimes  occur  ;  whenever  they  do  they  are  cheer¬ 
fully  and  promptly  corrected,  whether  discovered  by  ourselves  or  others. 

We  feel  no  enmity  to  the  defendant  in  this  case,  but  are  under 
some  obligations  to  him  for  giving  us  an  opportunity  to  put  at  rest 
the  wholesale  calumnies  which  have  for  so  long  a  time  been  lavished, 
not  only  upon  this,  but,  as  we  believe,  on  all  other  Gas  Companies. 

In  conclusion,  we  shall  endeavor  now,  as  we  have  ever  done,  to 
do  all  in  our  power  to  merit  the  good  opinion  of  our  customers,  by 
giving  them  a  good  and  pure  light,  at  all  times  available,  and  at  such 
a  price  as  will  give  to  the  Company  such  remuneration  for  the  capital 
employed,  as  would  be  considered  just  and  fair  in  any  enterprise 
which  requires  so  much  care,  and  skill,  and  capital,  for  its  management. 


‘H! 


vr.’.w, 


11 


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